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What does 49 CFR 40.369 (What is the discretion of an initiating official in starting a PIE proceeding?) require?

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Based on 49 CFR 40.369, an initiating official has broad discretion when deciding whether to start a Public Interest Exclusion (PIE) proceeding.

To make this decision, the official must consider:

* The Department's policy on the seriousness of the service agent's conduct (found in § 40.365).

* All information gathered so far regarding the facts of the case.

* The availability of resources needed to pursue the PIE proceeding.

Additionally, if the official decides *not* to start a PIE proceeding, it does not mean the Department considers the service agent to be in compliance, and the Department may still use other applicable remedies for noncompliance.

§ 49 CFR 40.369 · eCFR ↗Sources retrieved: 1 retrieved CFR section

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