Ask X3What does 49 CFR 40.379 (How do you contest the issuance of a PIE?) require?
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To contest the issuance of a Public Interest Exclusion (PIE), you must provide the Director with information and arguments in opposition to the proposed PIE in writing, in person, and/or through a representative.
According to 49 CFR 40.379, you must take at least one of the following steps within 30 days after receiving the Notice of Proposed Exclusion (NOPE):
1. Request a dismissal: Ask the Director to dismiss the proposed PIE without further proceedings on the grounds that it does not concern serious noncompliance (consistent with § 40.365).
2. Present written information: Submit written information and arguments contesting the proposed PIE (consistent with § 40.381).
3. Arrange an informal meeting: Set up a meeting with the Director to present your information and arguments in person or through a representative.
*Practical note for motor-carrier owners:* If you do not take any of these actions within the 30-day window, your case will become uncontested, and the Director will make a decision based solely on the record provided by the initiating official and any additional information the Director obtains.