['Enforcement - DOT']
['Out-of-service criteria - Motor Carrier']
09/17/2024
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(a) General.(1) If a State is not performing according to an approved CVSP or not adequately meeting the conditions set forth in §350.207, the Administrator may issue a written notice of proposed determination of nonconformity to the chief executive of the State or the official designated in the CVSP.
(2) The notice will set forth the reasons for the proposed determination.
(b) Response. The State has 30 days from the date of the notice to reply. The reply must address the discrepancy cited in the notice and must provide documentation as requested.
(c) Final Agency decision.(1) After considering the State’s reply, the Administrator makes a final decision.
(2) In the event the State fails to timely reply to a notice of proposed determination of nonconformity, the notice becomes the Administrator’s final determination of nonconformity.
(d) Consequences. Any adverse decision will result in FMCSA:
(1) Withdrawing approval of the CVSP and withholding all MCSAP funds to the State; or
(2) Finding the State in noncompliance in lieu of withdrawing approval of the CVSP and withholding:
(i) Up to 5 percent of MCSAP funds during the fiscal year that FMCSA notifies the State of its noncompliance;
(ii) Up to 10 percent of MCSAP funds for the first full fiscal year of noncompliance;
(iii) Up to 25 percent of MCSAP funds for the second full fiscal year of noncompliance; and
(iv) Up to 50 percent of MCSAP funds for the third and any subsequent full fiscal year of noncompliance.
(e) Judicial review. Any State aggrieved by an adverse decision under this section may seek judicial review under 5 U.S.C. chapter 7.
[85 FR 37796, June 24, 2020]
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