49 CFR 40.373 - Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?

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Title 49: Transportation

Subtitle A: Office of the Secretary of Transportation

PART 40: PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS

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.

(b) The correction notice identifies the specific areas in which you must come into compliance in order to avoid being subject to a PIE proceeding.

(c) If you make and document changes needed to come into compliance in the areas listed in the correction notice to the satisfaction of the initiating official within 60 days of the date you receive the notice, the initiating official does not start a PIE proceeding. The initiating official may conduct appropriate fact finding to verify that you have made and maintained satisfactory corrections. When he or she is satisfied that you are in compliance, the initiating official sends you a notice that the matter is concluded.

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