---
kind: "section"
citation: "49 C.F.R. § 380.721"
title: "49"
number: "380.721"
heading: "Removal from training provider registry: factors considered."
url: "https://uscodex.org/cfr/49/380.721"
---

# §380.721. Removal from training provider registry: factors considered.


FMCSA may remove a provider from the TPR when a provider fails to meet or maintain any of the qualifications established by this subpart or the requirements of other State and Federal regulations applicable to the provider. If FMCSA removes a provider from the TPR, any training conducted after the removal date will be considered invalid.

- (a) The factors FMCSA may consider for removing a provider from the TPR include, but are not limited to, the following:
  - (1) The provider fails to comply with the requirements for continued listing on the TPR, as described in [§ 380.719](/cfr/49/380.719.md).
  - (2) The provider denies FMCSA or its authorized representatives the opportunity to conduct an audit or investigation of its training operations.
  - (3) The audit or investigation conducted by FMCSA or its authorized representatives identifies material deficiencies, pertaining to the training provider's program, operations, or eligibility.
  - (4) The provider falsely claims to be licensed, certified, registered, or authorized to provide training in accordance with the applicable laws and regulations in any State where in-person training is provided.
  - (5) The State-administered CDL skills examination passage rate for applicants for the Class A CDL, Class B CDL, passenger endorsement, and/or school bus endorsement who complete the provider's training and the CDL knowledge test passage rate for applicants for the hazardous materials endorsement who complete the provider's training.
- (b) In instances of fraud or other criminal behavior by a training provider in which driver-trainees have knowingly participated, FMCSA reserves the right, on a case-by-case basis, to retroactively invalidate training conducted under this subpart.

## Notes

### Source

Source: 81 FR 88791, Dec. 8, 2016, unless otherwise noted.

### Authority

Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502; sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152; sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.

### Source

Source: 69 FR 16732, Mar. 30, 2004, unless otherwise noted.