What does 49 CFR 40.399 (How does the Department notify service agents of its decision?) require?
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According to 49 CFR 40.399, if you are a service agent involved in a public interest exclusion (PIE) proceeding, the Director must provide you with written notice as soon as a PIE decision is made.
Depending on the decision, the notice must contain the following specific elements:
* If the decision is NOT to issue a PIE: The notice must include a statement of the reasons for the decision, along with findings of fact regarding any disputed material factual issues.
* If the decision IS to issue a PIE: The notice must include:
1. A reference to the Notice of Proposed Exclusion (NOPE);
2. A statement of the reasons for the decision, including findings of fact on any disputed material factual issues;
3. The scope of the PIE; and
4. The duration of the PIE.
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