§40.375. How does the initiating official start a PIE proceeding?
49 C.F.R. § 40.375
As a service agent, if your compliance matter is not correctable (see § 40.373(a)), or if have not resolved compliance matters as provided in § 40.373(c), the initiating official starts a PIE proceeding by sending you a notice of proposed exclusion (NOPE). The NOPE contains the initiating official's recommendations concerning the issuance of a PIE, but it is not a decision by the Department to issue a PIE.
The NOPE includes the following information—
A statement that the initiating official is recommending that the Department issue a PIE concerning you;
The factual basis for the initiating official's belief that you are not providing drug and/or alcohol testing services to DOT-regulated employers consistent with the requirements of this part or are in serious noncompliance with a DOT agency drug and alcohol regulation;
The factual basis for the initiating official's belief that your noncompliance has not been or cannot be corrected;
The initiating official's recommendation for the scope of the PIE;
The initiating official's recommendation for the duration of the PIE; and
A statement that you may contest the issuance of the proposed PIE, as provided in § 40.379.
The initiating official sends a copy of the NOPE to the ODAPC Director at the same time he or she sends the NOPE to you.
Notes, amendments, and revision history
Authority
Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.
Source
Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.