§390.115. Procedure for removal from the National Registry of Certified Medical Examiners. — Inbound Citations

(1) Continue to meet the requirements of §§ 390.103 through 390.115 and the applicable requirements of part 391 of this chapter.

FMCSA may remove a medical examiner from the National Registry of Certified Medical Examiners when a medical examiner fails to meet or maintain the qualifications established by §§ 390.103 through 390.115, the requirements of other regulations applicable to the medical examiner, or otherwise does not meet the requirements of 49 U.S.C. 31149. The reasons for removal may include, but are not limited to:

(i) If FMCSA finds it has wholly relied on an erroneous reason for proposing removal from the National Registry of Certified Medical Examiners, FMCSA will withdraw the notice of proposed removal and notify the medical examiner in writing of the determination. If FMCSA finds it has partly relied on an erroneous reason for proposing removal from the National Registry of Certified Medical Examiners, FMCSA will modify the notice of proposed removal and notify the medical examiner in writing of the determination. No later than 60 days after the date FMCSA modifies a notice of proposed removal, the medical examiner must comply with §§ 390.103 through 390.115 and correct any deficiencies identified in the modified notice of proposed removal as described in paragraph (c)(2) of this section.

(a) An Agency employee who has taken an active part in investigating, prosecuting, advocating, or making an initial Agency determination in a proceeding under § 380.723, § 382.717, § 390.115, § 390.135, or § 391.47 of this chapter or section 5.4 to appendix A to subpart B of part 395 of this chapter may not, in that case or a factually-related case, advise or assist the Agency official authorized to issue a final decision in the applicable proceeding.