(a) Any conference between the Department and an applicant
pertaining to a requested exemption will be held in Washington, DC,
except that a telephone conference will be held at the applicant's
request.
(b) An applicant is entitled to only one conference with respect to
any exemption application. An applicant will not be entitled to a
conference, however, where the Department has held a hearing on the
exemption under either Sec. 2570.46 or Sec. 2570.47 of these procedures.
(c) Insofar as possible, conferences will be scheduled as joint
conferences with all applicants present where:
(1) More than one applicant has requested an exemption with respect
to the same or similar types of transactions;
(2) The Department is considering the applications together as a
request for a class exemption;
(3) The Department contemplates not granting the exemption; and
(4) More than one applicant has requested a conference.
(d) The Department will attempt to schedule a conference under this
section for a mutually convenient time during the 45-day period
following the later of--
(1) The date the Department receives the applicant's request for a
conference, or
(2) The date the Department notifies the applicant, after reviewing
additional information submitted pursuant to Sec. 2570.39, that it is
still not prepared to propose the requested exemption.
If the applicant is unable to attend a conference at any of the times
proposed by the Department during this 45-day period or if the applicant
fails to appear for a scheduled conference, he will be deemed to have
waived his right to a conference unless circumstances beyond his control
prevent him from scheduling a conference or attending a scheduled
conference within this period.
(e) Within 20 days after the date of any conference held under this
section, the applicant may submit to the Department a written record of
any additional data, arguments, or precedents discussed at the
conference but not previously or adequately presented in writing.
