{"data":{"id":"us/49-cfr-40.375","jurisdiction":"us","citation":"49 CFR 40.375","heading":"How does the initiating official start a PIE proceeding?","body":"(a) As a service agent, if your compliance matter is not correctable (see § 40.373(a)), or if have not resolved compliance matters as provided in § 40.373(c), the initiating official starts a PIE proceeding by sending you a notice of proposed exclusion (NOPE). The NOPE contains the initiating official's recommendations concerning the issuance of a PIE, but it is not a decision by the Department to issue a PIE.\n(b) The NOPE includes the following information:\n(1) A statement that the initiating official is recommending that the Department issue a PIE concerning you;\n(2) The factual basis for the initiating official's belief that you are not providing drug and/or alcohol testing services to DOT-regulated employers consistent with the requirements of this part or are in serious noncompliance with a DOT agency drug and alcohol regulation;\n(3) The factual basis for the initiating official's belief that your noncompliance has not been or cannot be corrected;\n(4) The initiating official's recommendation for the scope of the PIE;\n(5) The initiating official's recommendation for the duration of the PIE; and\n(6) A statement that you may contest the issuance of the proposed PIE, as provided in § 40.379.\n(c) The initiating official sends a copy of the NOPE to the ODAPC Director at the same time he or she sends the NOPE to you.","path":["Title 49—Transportation","Subtitle A—Office of the Secretary of Transportation","PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS","Subpart R—Public Interest Exclusions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"779c2713e74ab1f280e7db2890b44de98dfb68626f54e1a69a220b72a139f844","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-40.373","next":"us/49-cfr-40.377"},"notice":"GroundRules: Original legal text. Not legal advice."}