DOT Rule 49 CFR Part 40 Section 40.405

Subpart R - Public Interest Exclusions§ 40.405 May the Federal courts review PIE decisions?

Director's decision is a final administrative action of the Department. Like all final administrative actions of Federal agencies, the Director's decision is subject to judicial review under the...

DOT Rule 49 CFR Part 40 Section 40.403

Subpart R - Public Interest Exclusions§ 40.403 Must a service agent notify its clients when the Department issues a PIE?

(a) As a service agent, if the Department issues a PIE concerning you, you must notify each of your DOT-regulated employer clients, in writing, about the issuance, scope,...

DOT Rule 49 CFR Part 40 Section 40.401

Subpart R - Public Interest Exclusions§ 40.401 How does the Department notify employers and the public about a PIE?

(a) The Department maintains a document called the “List of Excluded Drug and Alcohol Service Agents.” This document may be found on the Department's web site (http://www....

DOT Rule 49 CFR Part 40 Section 40.399

Subpart R - Public Interest Exclusions§ 40.399 How does the Department notify service agents of its decision?

If you are a service agent involved in a PIE proceeding, the Director provides you written notice as soon as he or she makes a PIE decision. The notice includes the following elements:...

DOT Rule 49 CFR Part 40 Section 40.397

Subpart R - Public Interest Exclusions§ 40.397 When does the Director make a PIE decision?

Director makes his or her decision within 60 days of the date when the record of a PIE proceeding is complete (including any meeting with the Director and any additional fact-finding that is necessary). The...

DOT Rule 49 CFR Part 40 Section 40.395

Subpart R - Public Interest Exclusions§ 40.395 Can you settle a PIE proceeding?

At any time before the Director's decision, you and the initiating official can, with the Director's concurrence, settle a PIE proceeding.

DOT Rule 49 CFR Part 40 Section 40.393

Subpart R - Public Interest Exclusions§ 40.393 How long does a PIE stay in effect?

(a) In the NOPE (see §40.375(b)(5)), the initiating official proposes the duration of the PIE. The duration of the PIE is one of the elements of the proceeding that the service agent may contest (see §40.381(b))...

DOT Rule 49 CFR Part 40 Section 40.391

Subpart R - Public Interest Exclusions§ 40.391 What is the scope of a PIE?

(a) The scope of a PIE is the Department's determination about the divisions, organizational elements, types of services, affiliates, and/or individuals (including direct employees of a service agent and its contractors)...

DOT Rule 49 CFR Part 40 Section 40.389

Subpart R - Public Interest Exclusions§ 40.389 What factors may the Director consider?

This section lists examples of the kind of mitigating and aggravating factors that the Director may consider in determining whether to issue a PIE concerning you, as well as the scope and duration of a PIE....

DOT Rule 49 CFR Part 40 Section 40.387

Subpart R - Public Interest Exclusions§ 40.387 What matters does the Director decide concerning a proposed PIE?

(a) Following the service agent's response (see §40.379(b)) or, if no response is received, after 30 days have passed from the date on which the service agent received the NOPE, the...

Drug and Alcohol Testing

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