Ask X3What does 49 CFR 40.365 (What is the Department's policy concerning starting a PIE proceeding?) require?
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According to 49 CFR 40.365, the Department's policy is to start a Public Interest Exclusion (PIE) proceeding only in cases of serious, uncorrected noncompliance with the regulations. This serious noncompliance must affect matters such as safety, test result outcomes, employee privacy and confidentiality, employee due process and fairness, the honesty and integrity of the testing program, and cooperation with or provision of information to DOT agency representatives.
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