[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR240.219]

[Page 683-684]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 240_QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS--Table 
of Contents
 
          Subpart C_Implementation of the Certification Process
 
Sec. 240.219  Denial of certification.

    (a) A railroad shall notify a candidate for certification or 
recertification of information known to the railroad that forms the 
basis for denying the person certification and provide the person a 
reasonable opportunity to explain or rebut that adverse information in 
writing prior to denying certification.
    (b) This section does not require further opportunity to comment if 
the railroad's denial is based solely on factors addressed by Sec. Sec. 
240.115, 240.117, and 240.119 and the opportunity to comment afforded by 
those sections has been provided.
    (c) If it denies a person certification or recertification, a 
railroad shall notify the person of the adverse decision

[[Page 684]]

and explain, in writing, the basis for its denial decision. The document 
explaining the basis for the denial shall be mailed or delivered to the 
person within 10 days after the railroad's decision and shall give the 
date of the decision.