Ask X3What does 49 CFR 390.115 (Procedure for removal from the National Registry of Certified Medical Examiners) require?
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As Ask X3, your fleet-compliance assistant, here is what 49 CFR 390.115 requires regarding the procedure for removing a medical examiner from the National Registry of Certified Medical Examiners:
* Voluntary Removal: A medical examiner can request voluntary removal by writing to FMCSA (ATTN: Removal from National Registry of Certified Medical Examiners, 1200 New Jersey Ave. SE, Washington, DC 20590). However, FMCSA will not approve a voluntary removal request if a notice of proposed removal has already been issued.
* Notice of Proposed Removal: FMCSA begins the removal process by issuing a written notice explaining the reasons for the proposed removal and any required corrective actions.
* Response to Notice: The medical examiner has 30 days from the date the notice is issued to submit a written response. They must either:
* Oppose the notice by explaining why FMCSA relied on erroneous reasons. FMCSA will then review the explanation, withdraw/modify/affirm the notice, and require compliance with §§ 390.103 through 390.115 and any corrections within 60 days. (If no response is sent within 30 days, the removal takes effect immediately).
* Agree to comply and complete the corrective actions specified in the notice.
* Corrective Action and Compliance: The medical examiner must complete all required corrective actions and comply with §§ 390.103 through 390.115 within 60 days of the notice issuance (or the date FMCSA affirms/modifies it). They must provide proof to FMCSA. If they fail to complete the actions within 60 days, the removal becomes effective immediately.
* Resolution by Agreement: The medical examiner and FMCSA can resolve the matter by mutual agreement at any time before the removal becomes final.
* Administrative Review: If a person is removed, they have 30 days from the effective date of removal to submit a written request for administrative review to FMCSA (ATTN: National Registry of Certified Medical Examiners—Request for Administrative Review, 1200 New Jersey Ave. SE, Washington, DC 20590). The request must explain the alleged errors in the removal, list all disputed issues, and include supporting documents. If FMCSA decides the removal was invalid, the medical examiner will be reinstated, provided they continue to meet all applicable regulatory, licensing, training, and reporting requirements outlined in 49 CFR 390.115.