{"operation":"document","citation":"49 CFR 40.375","title":"How does the initiating official start a PIE proceeding?","source_type":"regulation","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":null,"effective_on":"2026-08-18","summary":"(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 offici","machine_formats":{"json":"https://regulus.evalyn.ai/document/49-cfr-40-375.json","markdown":"https://regulus.evalyn.ai/document/49-cfr-40-375.md"},"app_url":"https://regulus.evalyn.ai/document/49-cfr-40-375","source_url":"https://www.ecfr.gov/on/2026-08-18/title-49/section-40.375","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\n(b) The NOPE includes the following information:\n\n(1) A statement that the initiating official is recommending that the Department issue a PIE concerning you;\n\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\n(3) The factual basis for the initiating official's belief that your noncompliance has not been or cannot be corrected;\n\n(4) The initiating official's recommendation for the scope of the PIE;\n\n(5) The initiating official's recommendation for the duration of the PIE; and\n\n(6) A statement that you may contest the issuance of the proposed PIE, as provided in § 40.379.\n\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.","truncated":false,"body_characters":1344}