[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR350.215]



[Page 25]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table 

of Contents

 

                Subpart B_Requirements for Participation

 

Sec. 350.215  What are the consequences for a State that fails to perform 

according to an approved CVSP or otherwise fails to meet the conditions 

of this part?



    (a) If a State is not performing according to an approved plan or 

not adequately meeting conditions set forth in Sec. 350.201, the 

Administrator may issue a written notice of proposed determination of 

nonconformity to the Governor of the State or the official designated in 

the plan. The notice will set forth the reasons for the proposed 

determination.

    (b) The State will have 30 days from the date of the notice to 

reply. The reply must address the deficiencies or incompatibility cited 

in the notice and provide documentation as necessary.

    (c) After considering the State's reply, the Administrator will make 

a final decision.

    (d) In the event the State fails timely to reply to a notice of 

proposed determination of nonconformity, the notice becomes the 

Administrator's final determination of nonconformity.

    (e) Any adverse decision will result in immediate cessation of 

Federal funding under this part.

    (f) Any State aggrieved by an adverse decision under this section 

may seek judicial review under 5 U.S.C. chapter 7.