---
kind: "section"
citation: "49 C.F.R. § 246.301"
title: "49"
number: "246.301"
heading: "Process for denying certification."
url: "https://uscodex.org/cfr/49/246.301"
---

# §246.301. Process for denying certification.

- (a) A railroad shall notify a candidate for certification or recertification of information known to the railroad that forms the basis for denying the person certification and provide the candidate a reasonable opportunity to explain or rebut that adverse information in writing prior to denying certification. A railroad shall provide the candidate with any documents or records, including written statements, related to failure to meet a requirement of this part that support its pending denial decision.
- (b) If a railroad denies a person certification or recertification, it shall issue a decision that complies with all of the following requirements:
  - (1) It must be in writing.
  - (2) It must explain the basis for the railroad's denial decision.
  - (3) It must address any explanation or rebuttal information that the candidate provides pursuant to [paragraph (a)](#a) of this section.
  - (4) It must include the date of the railroad's decision.
  - (5) It must be served on the person no later than 10 days after the railroad's decision.
- (c) A railroad shall not deny the person's certification for failing to comply with a railroad test procedure, signal standard, or practice which constitutes a violation under [§ 246.303(e)(1) through (10)](/cfr/49/246.303.md?p=e-1..e-10) if sufficient evidence exists to establish that an intervening cause prevented or materially impaired the person's ability to comply with that railroad test procedure, signal standard, or practice.

## Notes

### Authority

Authority: 49 U.S.C. 20103, 20107, 20162, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89; and Pub. L. 110-432, sec. 402, 122 Stat. 4884.

### Source

Source: 89 FR 44873, May 21, 2024, unless otherwise noted.