---
kind: "section"
citation: "49 C.F.R. § 40.375"
title: "49"
number: "40.375"
heading: "How does the initiating official start a PIE proceeding?"
url: "https://uscodex.org/cfr/49/40.375"
---

# §40.375. How does the initiating official start a PIE proceeding?

- (a) As a service agent, if your compliance matter is not correctable (see [§ 40.373(a)](/cfr/49/40.373.md?p=a)), or if have not resolved compliance matters as provided in [§ 40.373(c)](/cfr/49/40.373.md?p=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.
- (b) **The NOPE includes the following information—**
  - (1) A statement that the initiating official is recommending that the Department issue a PIE concerning you;
  - (2) 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;
  - (3) The factual basis for the initiating official's belief that your noncompliance has not been or cannot be corrected;
  - (4) The initiating official's recommendation for the scope of the PIE;
  - (5) The initiating official's recommendation for the duration of the PIE; and
  - (6) A statement that you may contest the issuance of the proposed PIE, as provided in [§ 40.379](/cfr/49/40.379.md).
- (c) 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

### 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.