Subpart R

Question: How does the Department’s Public Interest Exclusion (PIE) process work when a service agent has been convicted for an offense related to non-compliance with Part 40 or DOT Agency drug and alcohol testing rules?

Answer: When there is a judgment or any other determination of guilt of a criminal offense by any court of competent jurisdiction against the service agent, whether entered upon a verdict or plea, including a plea of nolo contendere; or any other resolution that is the functional equivalent of a judgment, including probation before judgment and deferred prosecution, the PIE process works as explained below:

• A DOT official can initiate a PIE against the service agent based solely on the conviction.
• The conviction means that the standard of proof for issuing the PIE has been met.
• Therefore, when the DOT initiating official issues the service agent a Notice of Proposed Exclusion recommending a PIE, the service agent will not be able to contest the facts of the non-compliance or the issuance of the PIE.
• The service agent would be afforded only an opportunity to contest the proposed length of time the PIE would be in place.