[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: 49CFR384.307]



[Page 213]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 384_STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

--Table of Contents

 

          Subpart C_Procedures for Determining State Compliance

 

Sec. 384.307  FMCSA program reviews of State compliance.



    (a) FMCSA Program Reviews. Each State's CDL program will be subject 

to review to determine whether or not the State meets the general 

requirement for substantial compliance in Sec. 384.301. The State must 

cooperate with the review and provide any information requested by the 

FMCSA.

    (b) Preliminary FMCSA determination and State response. If, after 

review, a preliminary determination is made either that the State has 

not submitted the required annual self-certification or that the State 

does not meet one or more of the minimum standards for substantial 

compliance under subpart B of this part, the State will be informed 

accordingly.

    (c) Reply. The State will have up to 30 calendar days to respond to 

the preliminary determination. The State's reply must explain what 

corrective action it either has implemented or intends to implement to 

correct the deficiencies cited in the notice or, alternatively, why the 

FMCSA preliminary determination is incorrect. The State must provide 

documentation of corrective action as required by the agency. Corrective 

action must be adequate to correct the deficiencies noted in the program 

review and be implemented on a schedule mutually agreed upon by the 

agency and the State. Upon request by the State, an informal conference 

will be provided during this time.

    (d) Final FMCSA determination. If, after reviewing a timely response 

by the State to the preliminary determination, a final determination is 

made that the State is not in compliance with the affected standard, the 

State will be notified of the final determination. In making its final 

determination, the FMCSA will take into consideration the corrective 

action either implemented or planned to be implemented in accordance 

with the mutually agreed upon schedule.

    (e) State's right to judicial review. Any State aggrieved by an 

adverse decision under this section may seek judicial review under 5 

U.S.C. Chapter 7.



[67 FR 49763, July 31, 2002]