Ask X3What does 49 CFR 380.723 (Removal from training provider registry: procedure) require?
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According to 49 CFR 380.723, the procedure for removal of a training provider from the Training Provider Registry (TPR) involves the following requirements:
* Voluntary Removal: A provider can request voluntary removal by submitting written notification to FMCSA (by mail or through the TPR website). However, this is not effective if a notification of proposed removal has already been issued.
* Involuntary Removal (Notice of Proposed Removal): Except for emergency or voluntary removals, FMCSA initiates involuntary removal by sending a written notice explaining the reasons and required corrective actions. The provider must notify current and scheduled driver-trainees of the proposed removal.
* Responding to a Proposed Removal: Within 30 days of the notice, the provider must submit a written response either:
1. *Opposing the removal* by explaining and providing documentation if FMCSA relied on erroneous information. If FMCSA agrees, the notice is withdrawn. If FMCSA affirms it, the provider has 60 days to complete the required corrective actions.
2. *Agreeing to comply* by stating an intent to complete the corrective actions specified by FMCSA and providing documentation of their completion.
* *Failure to respond* within 30 days results in immediate removal from the TPR, and any training conducted after that date becomes invalid.
* Corrective Actions: Providers must complete required corrective actions no later than 60 days after the notice of proposed removal (or the date FMCSA affirms/modifies it) and submit proof to FMCSA. Failure to complete these actions within 60 days results in removal from the TPR.
* Request for Administrative Review: If a provider is removed under specific provisions (such as failing to respond, failing to complete corrective actions, or emergency removal), they may submit a written request for administrative review to FMCSA no later than 30 days after the effective date of removal, explaining the alleged errors and including supporting documents.
* Emergency Removal: In cases involving fraud, criminal behavior, willful disregard of regulations, or when public safety/interest requires it, FMCSA may remove a provider immediately without a prior notice of proposed removal.
* Reinstatement: A provider who voluntarily removed themselves may apply for reinstatement at any time. A provider who was involuntarily removed may apply for reinstatement no sooner than 30 days after removal by submitting documentation showing that all required corrective actions have been completed.