Ask X3What does 49 CFR 40.375 (How does the initiating official start a PIE proceeding?) require?
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Based on 49 CFR 40.375, the initiating official starts a Public Interest Exclusion (PIE) proceeding against a service agent by sending you a notice of proposed exclusion (NOPE) if your compliance matter is not correctable or if you have not resolved your compliance matters.
Specifically, the NOPE must include:
1. A statement that the initiating official recommends the Department issue a PIE concerning you (which is a recommendation, not a final decision by the Department).
2. The factual basis for the belief that you are either not providing DOT-regulated drug and/or alcohol testing services consistent with the requirements, or that you are in serious noncompliance with a DOT agency drug and alcohol regulation.
3. The factual basis for the belief that your noncompliance has not been or cannot be corrected.
4. The initiating official's recommendation for the scope of the PIE.
5. The initiating official's recommendation for the duration of the PIE.
6. A statement explaining that you have the right to contest the issuance of the proposed PIE (as provided in § 40.379).
Additionally, the initiating official is required to send a copy of the NOPE to the ODAPC Director at the exact same time it is sent to you.