§ 384.307 FMCSA program reviews of State compliance.
Current wording, in the annual edition revised as of Oct. 1, 2002.
(a) FHWAFMCSA programProgram reviewsReviews. Each State's CDL program shallwill be subject to review to determine whether or not the State meets the general requirement for substantial compliance in § 384.301. The State shallmust cooperate with the review and provide information in conjunction with any programinformation reviewsrequested underby thisthe sectionFMCSA.
(b) Preliminary FHWAFMCSA determination and State response. If, after review, a preliminary determination is made either that athe State has not submitted the required annual self-certification or that the State does not meet one or more of the minimum standards offor substantial compliance under subpart B of this part, the State will be informed accordingly.
(c) priorReply. The State will have up to July30 1calendar ofdays to respond to the fiscalpreliminary yeardetermination. The State's reply must explain what corrective action it either has implemented or intends to implement to correct the deficiencies cited in whichthe notice or, alternatively, why the FMCSA preliminary determination is madeincorrect. The State willmust haveprovide updocumentation toof thirtycorrective calendaraction daysas torequired respondby the agency. Corrective action must be adequate to correct the preliminarydeficiencies determinationnoted in the program review and be implemented on a schedule mutually agreed upon by the agency and the State. Upon request by the State, an informal conference will be provided during this time.
(cd) Final FHWAFMCSA determination. If, after reviewing anya timely response by the State to the preliminary determination, a final determination is made that the State is not in compliance with the affected standard, the State will be notified of the final determination. In making its final determination, the FMCSA will take into consideration the corrective action either implemented or planned to be implemented in accordance with the mutually agreed upon schedule.
(e) State's right to judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. Chapter 7.
[67 FR 49763, July 31, 2002]
(a) FMCSA Program Reviews. Each State's CDL program will be subject to review to determine whether or not the State meets the general requirement for substantial compliance in § 384.301. The State must cooperate with the review and provide any information requested by the FMCSA.
(b) Preliminary FMCSA determination and State response. If, after review, a preliminary determination is made either that the State has not submitted the required annual self-certification or that the State does not meet one or more of the minimum standards for substantial compliance under subpart B of this part, the State will be informed accordingly.
(c) Reply. The State will have up to 30 calendar days to respond to the preliminary determination. The State's reply must explain what corrective action it either has implemented or intends to implement to correct the deficiencies cited in the notice or, alternatively, why the FMCSA preliminary determination is incorrect. The State must provide documentation of corrective action as required by the agency. Corrective action must be adequate to correct the deficiencies noted in the program review and be implemented on a schedule mutually agreed upon by the agency and the State. Upon request by the State, an informal conference will be provided during this time.
(d) Final FMCSA determination. If, after reviewing a timely response by the State to the preliminary determination, a final determination is made that the State is not in compliance with the affected standard, the State will be notified of the final determination. In making its final determination, the FMCSA will take into consideration the corrective action either implemented or planned to be implemented in accordance with the mutually agreed upon schedule.
(e) State's right to judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. Chapter 7.
[67 FR 49763, July 31, 2002]
Amendment history
3 distinct wordings on file since Oct. 1, 1996- [67 FR 49763, July 31, 2002]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.