Current textIn force on June 1, 2010Source: annual CFR editions 2001–2016

§ 40.375 How does the initiating official start a PIE proceeding?

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

govinfo, 2009 edition ↗

Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2009 edition's wording. An amendment that took effect between Oct. 1, 2009 and June 1, 2010 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

49 CFR § 40.375 — How does the initiating official start a PIE proceeding?. Text in force on June 1, 2010. This wording effective October 1, 2001 to present. Source: govinfo, 2009 edition, https://www.govinfo.gov/app/details/CFR-2009-title49-vol1/CFR-2009-title49-vol1-sec40-375. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.375?asof=2010-06-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(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 proceeding by sending you a notice of proposed exclusion (NOPE). The NOPE contains the initiating official's recommendations concerning the issuance of a PIE, but it is not a decision by the Department to issue a PIE.

(b) The NOPE includes the following information:

(1) A statement that the initiating official is recommending that the Department issue a PIE concerning you;

(2) The factual basis for the initiating official's belief that you are not providing drug and/or alcohol testing services to DOT-regulated employers consistent with the requirements of this part or are in serious noncompliance with a DOT agency drug and alcohol regulation;

(3) The factual basis for the initiating official's belief that your noncompliance has not been or cannot be corrected;

(4) The initiating official's recommendation for the scope of the PIE;

(5) The initiating official's recommendation for the duration of the PIE; and

(6) A statement that you may contest the issuance of the proposed PIE, as provided in § 40.379.

(c) The initiating official sends a copy of the NOPE to the ODAPC Director at the same time he or she sends the NOPE to you.

Amendment history

1 distinct wording on file since Oct. 1, 2001

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.