What does 49 CFR 390.135 (Procedure for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners) require?

Based on 49 CFR 390.135, the procedure for removing a certified VA medical examiner from the National Registry of Certified Medical Examiners involves the following steps and requirements:

* Voluntary Removal: A certified VA medical examiner can request voluntary removal by submitting a written request to FMCSA (ATTN: Removal from National Registry of Certified Medical Examiners, 1200 New Jersey Ave. SE, Washington, DC 20590). This is accepted immediately, unless a notice of proposed removal has already been issued.

* Notice of Proposed Removal: Except for voluntary or immediate removals, FMCSA initiates removal by issuing a written notice stating the reasons and any required corrective actions.

* Response and Corrective Action:

* The medical examiner has 30 days from the issuance of the notice to submit a written response.

* The examiner can either contest the notice by explaining why FMCSA relied on erroneous reasons, or agree to comply and take the specified corrective actions.

* If contesting, FMCSA will review the explanation and either withdraw, modify, or affirm the notice.

* If complying, the examiner must complete the corrective actions and provide documentation to FMCSA no later than 60 days after the date of the notice (or the date FMCSA affirms or modifies it).

* Failure to respond within 30 days, or failure to complete corrective actions within the 60-day period, results in immediate removal from the National Registry.

* Administrative Review: If a person is removed, they may request an administrative review in writing within 30 days of the removal becoming effective, sent 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 errors committed and include supporting documents.