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What does 49 CFR 40.393 (How long does a PIE stay in effect?) require?

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Based on 49 CFR 40.393, here is how the duration of a Public Interest Exclusion (PIE) is determined and handled:

* Initial Proposal: The initiating official proposes how long the PIE will last in the Notice of Proposed Exclusion (NOPE).

* Right to Contest & Final Decision: The service agent is allowed to contest the proposed duration, and the Director makes the final decision on how long it will stay in effect.

* Decision Factors: When deciding the duration, the Director looks at how serious the service agent's conduct was and whether there is an ongoing need to protect employers and employees from their noncompliance, considering factors listed in § 40.389.

* Standard Length: The duration of a PIE will be set between one and five years, unless the Director decides to reduce it under § 40.407.

§ 49 CFR 40.393 · eCFR ↗Sources retrieved: 1 retrieved CFR section

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