Formal proceeding in which persons who are deemed ineligible for certain positions under the Labor-Management Reporting and Disclosure Act of 1959 ("Labor Act") or the Employee Retirement Income Security Act of 1974 ("Pension Act") seek a Certificate of Exemption. 28 CFR 4.2. The proceedings are conducted in accordance with sections 556 and 557 of the APA and there is no provision for administrative or judicial appeal.
Under section 504(a) of the Labor Act, persons convicted of certain enumerated crimes are prohibited from serving in certain enumerated positions related to labor organization for 13 years after such conviction or the end of imprisonment for such conviction. Similarly, under section 411(a) of the Pension Act, persons convicted of certain enumerated crimes are prohibited from serving in certain enumerated positions related to administering employee benefit plans under the same time restriction. 29 USC 1111. There are two grounds for exemption to these prohibitions: 1) prior to the end of the 13-year prohibition his/her citizenship rights had been fully restored; or 2) the sentencing judge, if the offense was federal, or the U.S. District Court over the district in which a state or local offense was committed, determines that the person's service in such a position would not be contrary to the purpose of the respective Act. Such determination shall be made after a hearing pursuant to the procedures described in this scheme.