[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR240.219]



[Page 751-752]

 

                        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 752]]



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.