§FMCSR.com
Historical textIn force on Sept. 30, 2003Source: annual CFR editions 2001–2016

§ 40.297 Does anyone have the authority to change a SAP's initial evaluation?

Wording first on file in the 2001 annual edition, superseded May 2, 2023.

govinfo, 2002 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2002 edition's wording. An amendment that took effect between Oct. 1, 2002 and Sept. 30, 2003 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.297 — Does anyone have the authority to change a SAP's initial evaluation?. Text in force on September 30, 2003. This wording effective October 1, 2001 to May 2, 2023. Source: govinfo, 2002 edition, https://www.govinfo.gov/app/details/CFR-2002-title49-vol1/CFR-2002-title49-vol1-sec40-297. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.297?asof=2003-09-30, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Except as provided in paragraph (b) of this section, no one (e.g., an employer, employee, a managed-care provider, any service agent) may change in any way the SAP's evaluation or recommendations for assistance. For example, a third party is not permitted to make more or less stringent a SAP's recommendation by changing the SAP's evaluation or seeking another SAP's evaluation.

(b) The SAP who made the initial evaluation may modify his or her initial evaluation and recommendations based on new or additional information (e.g., from an education or treatment program).

Amendment history

3 distinct wordings on file since Oct. 1, 2001
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 88 FR 27650, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
  3. Oct. 1, 2001 → May 2, 2023annual editions 2001–2016viewing

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.