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...

DOT Rule 49 CFR Part 40 Section 40.361

Subpart R - Public Interest Exclusions§ 40.361 What is the purpose of a public interest exclusion (PIE)?

(a) To protect the public interest, including protecting transportation employers and employees from serious noncompliance with DOT drug and alcohol testing rules, the Department's policy is...

DOT Rule 49 CFR Part 40 Section 40.379

Subpart R - Public Interest Exclusions§ 40.379 How do you contest the issuance of a PIE?

(a) If you receive a NOPE, you may contest the issuance of the PIE.

(b) If you want to contest the proposed PIE, you must provide the Director information and argument in opposition to the proposed PIE...

DOT Rule 49 CFR Part 40 Section 40.309

Subpart O - Substance Abuse Professionals and the Return-to-Duty Process§ 40.309 What are the employer's responsibilities with respect to the SAP's directions for follow-up tests? (a) As the employer, you must carry out the SAP's follow-up testing requirements. You may not allow the employee...

Federal Regulation