§FMCSR.com
Current textIn force on Dec. 31, 2016Source: annual CFR editions 2001–2016

§ 40.369 What is the discretion of an initiating official in starting a PIE proceeding?

Current wording, first on file in the 2001 annual edition.

govinfo, 2016 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2016 edition's wording. An amendment that took effect between Oct. 1, 2016 and Dec. 31, 2016 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.369 — What is the discretion of an initiating official in starting a PIE proceeding?. Text in force on December 31, 2016. This wording effective October 1, 2001 to present. Source: govinfo, 2016 edition, https://www.govinfo.gov/app/details/CFR-2016-title49-vol1/CFR-2016-title49-vol1-sec40-369. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.369?asof=2016-12-31, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Initiating officials have broad discretion in deciding whether to start a PIE proceeding.

(b) In exercising this discretion, the initiating official must consider the Department's policy regarding the seriousness of the service agent's conduct (see § 40.365) and all information he or she has obtained to this point concerning the facts of the case. The initiating official may also consider the availability of the resources needed to pursue a PIE proceeding.

(c) A decision not to initiate a PIE proceeding does not necessarily mean that the Department regards a service agent as being in compliance or that the Department may not use other applicable remedies in a situation of noncompliance.

Amendment history

1 distinct wording on file since Oct. 1, 2001
  1. Oct. 1, 2001 → presentannual 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.