PART 4221—ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS Authority: 29 U.S.C. 1302(b)(3), 1401. Source: 61 FR 34109, July 1, 1996, unless otherwise noted. § 4221.1 Purpose and scope. (a) Purpose. (b) Scope. § 4221.2 Definitions. The following terms are defined in § 4001.2 of this chapter: ERISA, IRS, multiemployer plan, PBGC, plan, and plan sponsor. In addition, for purposes of this part: Arbitrator Employer Party parties Withdrawal liability dispute § 4221.3 Initiation of arbitration. (a) Time limits—in general. (b) Waiver or extension of time limits. (c) Establishment of timeliness of initiation. (d) Contents of agreement or notice. (e) Effect of deficient agreement or notice. § 4221.4 Appointment of the arbitrator. (a) Appointment of and acceptance by arbitrator. (b) Disclosure by arbitrator and disqualification. (c) Challenge and withdrawal. (d) Filling vacancies. (e) Failure to select arbitrator. [61 FR 34109, July 1, 1996, as amended at 68 FR 61356, Oct. 28, 2003] § 4221.5 Powers and duties of the arbitrator. (a) Arbitration hearing. (1) Application of the law. (2) Prehearing discovery. (3) Admissibility of evidence. (4) Production of documents or other evidence. (b) Prehearing conference. (c) Proceeding without hearing. § 4221.6 Hearing. (a) Time and place of hearing established. (b) Notice. (c) Appearances. (d) Record and transcript of hearing. (e) Order of hearing. (1) Opening. (2) Presentation of claim and response. (3) Witnesses. (f) Continuance of hearing. (g) Filing of briefs. [61 FR 34109, July 1, 1996, as amended at 68 FR 61356, Oct. 28, 2003] § 4221.7 Reopening of proceedings. (a) Grounds for reopening. (1) The reopening is likely to result in new information that will have a material effect on the outcome of the arbitration; (2) Good cause exists for the failure of the party that requested reopening to present such information at the hearing; and (3) The delay caused by the reopening will not be unfairly injurious to any party. (b) Comments on and notice of reopening. § 4221.8 Award. (a) Form. (1) States the basis for the award, including such findings of fact and conclusions of law (which need not be explicitly designated as such) as are necessary to resolve the dispute; (2) Adjusts (or provides a method for adjusting) the amount or schedule of payments to be made after the award to reflect overpayments or underpayments made before the award was rendered or requires the plan sponsor to refund overpayments in accordance with § 4219.31(d); and (3) Provides for an allocation of costs in accordance with § 4221.10. (b) Time of award. (c) Reopened proceedings. (d) Absence of hearing. (e) Agreement for extension of time. (f) Close of proceedings. (g) Publication of award. § 4221.9 Reconsideration of award. (a) Motion for reconsideration and objections. (b) Grounds for modification or reconsideration. (1) There is a numerical error or a mistake in the description of any person, thing, or property referred to in the award; or (2) The arbitrator has rendered an award upon a matter not submitted to the arbitrator and the matter affects the merits of the decision; or (3) The award is imperfect in a matter of form not affecting the merits of the dispute. (c) Decision of arbitrator. § 4221.10 Costs. The costs of arbitration under this part shall be borne by the parties as follows: (a) Witnesses. (b) Other costs of arbitration. (c) Attorneys' fees. § 4221.11 Waiver of rules. Any party that fails to object in writing in a timely manner to any deviation from any provision of this part is deemed to have waived the right to interpose that objection thereafter. § 4221.12 Calculation of periods of time. The PBGC applies the rules in subpart D of part 4000 of this chapter to compute any time period under this part. [68 FR 61356, Oct. 28, 2003] § 4221.13 Filing and issuance rules. (a) Method and date of filing. (b) Where to file. (c) Method and date of issuance. [68 FR 61356, Oct. 28, 2003] § 4221.14 PBGC-approved arbitration procedures. (a) Use of PBGC-approved arbitration procedures. (b) Scope of alternative procedures. (1) The time limits for the initiation of arbitration may not differ from those provided for by § 4221.3. (2) The arbitrator shall be selected after the initiation of the arbitration. (3) The arbitrator shall give the parties opportunity for prehearing discovery substantially equivalent to that provided by § 4221.5(a)(2). (4) The award shall be made available to the public to at least the extent provided by § 4221.8(g). (5) The costs of arbitration shall be allocated in accordance with § 4221.10. (c) Procedure for approval of alternative procedures. Federal Register. (1) A copy of the procedures for which approval is sought; (2) A description of the history, structure and membership of the organization that sponsors the procedures; and (3) A discussion of the reasons why, in the sponsoring organization's opinion, the procedures satisfy the criteria for approval set forth in this section. (d) Criteria for approval of alternative procedures. Federal Register. Federal Register. Federal Register [61 FR 34109, July 1, 1996, as amended at 68 FR 61356, Oct. 28, 2003]