Ask X3What does 49 CFR 40.383 (What procedures apply if you contest the issuance of a PIE?) require?
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According to 49 CFR 40.383, when you contest the issuance of a PIE, the DOT conducts the proceedings in a fair and informal manner using flexible procedures without being tied to formal rules of evidence. Specifically, the process involves the following practical steps and rules:
* Submitting Evidence and Arguments: You may submit any documentary evidence you want the Director to consider. The Director will review any information or argument they determine is relevant to the decision.
* Informal Meetings and Witnesses: If you arrange an informal meeting with the Director, you have the right to present your own witnesses and confront any witness presented against you by the initiating official.
* Meeting Records: If you hold a meeting with the Director, a transcribed record of the meeting will be made available to you upon request, provided you pay the cost for transcription and copying.
* Fact-Finding: If material factual issues are in dispute, the Director (or their designee) may conduct additional fact-finding.