---
kind: "section"
citation: "49 C.F.R. § 350.231"
title: "49"
number: "350.231"
heading: "MCSAP administration: Consequences for failure to meet conditions."
url: "https://uscodex.org/cfr/49/350.231"
---

# §350.231. MCSAP administration: Consequences for failure to meet conditions.

- (a) **General.**
  - (1) If a State is not performing according to an approved CVSP or not adequately meeting the conditions set forth in [§ 350.207](/cfr/49/350.207.md), the Administrator may issue a written notice of proposed determination of nonconformity to the chief executive of the State or the official designated in the CVSP.
  - (2) The notice will set forth the reasons for the proposed determination.
- (b) **Response.** The State has 30 days from the date of the notice to reply. The reply must address the discrepancy cited in the notice and must provide documentation as requested.
- (c) **Final Agency decision.**
  - (1) **After considering the State's reply, the Administrator makes a final decision.**
  - (2) In the event the State fails to timely reply to a notice of proposed determination of nonconformity, the notice becomes the Administrator's final determination of nonconformity.
- (d) **Consequences.** Any adverse decision will result in FMCSA:
  - (1) Withdrawing approval of the CVSP and withholding all MCSAP funds to the State; or
  - (2) **Finding the State in noncompliance in lieu of withdrawing approval of the CVSP and withholding—**
    - (i) Up to 5 percent of MCSAP funds during the fiscal year that FMCSA notifies the State of its noncompliance;
    - (ii) Up to 10 percent of MCSAP funds for the first full fiscal year of noncompliance;
    - (iii) Up to 25 percent of MCSAP funds for the second full fiscal year of noncompliance; and
    - (iv) **Up to 50 percent of MCSAP funds for the third and any subsequent full fiscal year of noncompliance.**
- (e) **Judicial review.** Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7.

## Notes

### Authority

Authority: 49 U.S.C. 504, 13902, 31101, 31102, 31104, 31106, 31108, 31136, 31141, 31161, 31310, 31311, 31502; secs. 5106 and 5107, Pub. L. 114-94, 129 Stat. 1312, 1530; and 49 CFR 1.87.

### Source

Source: 85 FR 37796, June 24, 2020, unless otherwise noted.