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DOT Rule 49 CFR Part 40 Section 40.399

Subpart R - Public Interest Exclusions§ 40.399 How does the Department notify service agents of its decision?

If you are a service agent involved in a PIE proceeding, the Director provides you written notice as soon as he or she makes a PIE decision. The notice includes the following elements:...

DOT Rule 49 CFR Part 40 Section 40.397

Subpart R - Public Interest Exclusions§ 40.397 When does the Director make a PIE decision?

Director makes his or her decision within 60 days of the date when the record of a PIE proceeding is complete (including any meeting with the Director and any additional fact-finding that is necessary). The...

DOT Rule 49 CFR Part 40 Section 40.395

Subpart R - Public Interest Exclusions§ 40.395 Can you settle a PIE proceeding?

At any time before the Director's decision, you and the initiating official can, with the Director's concurrence, settle a PIE proceeding.

DOT Rule 49 CFR Part 40 Section 40.393

Subpart R - Public Interest Exclusions§ 40.393 How long does a PIE stay in effect?

(a) In the NOPE (see §40.375(b)(5)), the initiating official proposes the duration of the PIE. The duration of the PIE is one of the elements of the proceeding that the service agent may contest (see §40.381(b))...

DOT Rule 49 CFR Part 40 Section 40.391

Subpart R - Public Interest Exclusions§ 40.391 What is the scope of a PIE?

(a) The scope of a PIE is the Department's determination about the divisions, organizational elements, types of services, affiliates, and/or individuals (including direct employees of a service agent and its contractors)...

DOT Rule 49 CFR Part 40 Section 40.389

Subpart R - Public Interest Exclusions§ 40.389 What factors may the Director consider?

This section lists examples of the kind of mitigating and aggravating factors that the Director may consider in determining whether to issue a PIE concerning you, as well as the scope and duration of a PIE....

DOT Rule 49 CFR Part 40 Section 40.387

Subpart R - Public Interest Exclusions§ 40.387 What matters does the Director decide concerning a proposed PIE?

(a) Following the service agent's response (see §40.379(b)) or, if no response is received, after 30 days have passed from the date on which the service agent received the NOPE, the...

DOT Rule 49 CFR Part 40 Section 40.385

Subpart R - Public Interest Exclusions§ 40.385 Who bears the burden of proof in a PIE proceeding?

(a) As the proponent of issuing a PIE, the initiating official bears the burden of proof.

(b) This burden is to demonstrate, by a preponderance of the evidence, that the service agent was in...

DOT Rule 49 CFR Part 40 Section 40.383

Subpart R - Public Interest Exclusions§ 40.383 What procedures apply if you contest the issuance of a PIE?

(a) DOT conducts PIE proceedings in a fair and informal manner. The Director may use flexible procedures to allow you to present matters in opposition. The Director is not required to follow...

DOT Rule 49 CFR Part 40 Section 40.381

Subpart R - Public Interest Exclusions§ 40.381 What information do you present to contest the proposed issuance of a PIE?

(a) As a service agent who wants to contest a proposed PIE, you must present at least the following information to the Director:

(1) Specific facts that contradict the...

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