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Drug and Alcohol Testing

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DOT Rule 49 CFR Part 40 Section 40.377

Subpart R - Public Interest Exclusions§ 40.377 Who decides whether to issue a PIE?

(a) The ODAPC Director, or his or her designee, decides whether to issue a PIE. If a designee is acting as the decisionmaker, all references in this subpart to the Director refer to the designee.

(b) To...

DOT Rule 49 CFR Part 40 Section 40.375

Subpart R - Public Interest Exclusions§ 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)), or if have not resolved compliance matters as provided in §40.373(c), the initiating official starts a PIE...

DOT Rule 49 CFR Part 40 Section 40.373

Subpart R - Public Interest Exclusions§ 40.373 Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?

(a) If you are a service agent, the initiating official must send you a correction notice before starting a PIE proceeding.

...

DOT Rule 49 CFR Part 40 Section 40.371

Subpart R - Public Interest Exclusions§ 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding?

(a) An initiating official may rely on credible information from any source as the basis for starting a PIE proceeding.

(b) Before sending a...

DOT Rule 49 CFR Part 40 Section 40.369

Subpart R - Public Interest Exclusions§ 40.369 What is the discretion of an initiating official in starting a PIE proceeding?

(a) Initiating officials have broad discretion in deciding whether to start a PIE proceeding.

(b) In exercising this discretion, the initiating official must...

DOT Rule 49 CFR Part 40 Section 40.367

Subpart R - Public Interest Exclusions§ 40.367 Who initiates a PIE proceeding?

The following DOT officials may initiate a PIE proceeding:

(a) The drug and alcohol program manager of a DOT agency;

(b) An official of ODAPC, other than the Director; or

(c) The designee of any of...

DOT Rule 49 CFR Part 40 Section 40.365

Subpart R - Public Interest Exclusions § 40.365 What is the Department's policy concerning starting a PIE proceeding?

(a) It is the Department's policy to start a PIE proceeding only in cases of serious, uncorrected noncompliance with the provisions of this part, affecting such matters as...

DOT Rule 49 CFR Part 40 Section 40.363

Subpart R - Public Interest Exclusions§ 40.363 On what basis may the Department issue a PIE?

(a) If you are a service agent, the Department may issue a PIE concerning you if we determine that you have failed or refused to provide drug or alcohol testing services consistent with the requirements...

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