(b) Notice of proposed removal. Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for removal of a provider from the Training Provider Registry by issuing a written notice of proposed removal to the provider, stating the reasons that removal is proposed under § 3XX.XXX and any corrective actions necessary for the provider to remain listed on the TPR. If a notice of proposed removal is issued, the provider must notify current trainees and trainees scheduled for future training of the proposed removal. [Facilitator Note: A stakeholder participant in the IE WG conference call of 5/26/15 raised the issue of what happens to students who enroll in good faith in a training program only to discover, mid-course, that their training provider may lose its certification. What recourse do they have vis a vis their training provider or what obligations does their training provider have to them? A stakeholder on the call noted that some states require that licensed trainers post a surety bond to cover such contingencies, and the question was asked whether FMCSA has authority to make this a federal requirement. After the call, FMCSA informed the Facilitator that this may be a Counsel’s office possibility, theoretically and legally, but as a practical matter such a requirement would be very complex and controversial among interests not necessarily at the table, and is probably not doable at this late stage. Since this is more of a minor, technical issue than a fundamental policy decision, the plenary may wish to leave this issue unresolved and allow the FMCSA to be guided by public comment in the course of normal rulemaking.] In addition, no new training sessions may commence until FMCSA withdraws the proposed removal. (c) Response to notice of proposed removal and corrective action. A provider that has received a notice of proposed removal from the Training Provider Registry must submit any written response to the Director, Office of Carrier, Driver, and Vehicle Safety Standards no later than 30 days after the date of issuance of the notice of proposed removal. The response must indicate either that the provider believes FMCSA has relied on erroneous information in proposing removal, as described in paragraph (c)(1) of this section, or that the provider will take any corrective action specified in notice of proposed FMCSA’s removal, as described in paragraph (c)(2) of this section.
(b) Notice of proposed removal. Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for removal of a provider from the Training Provider Registry by issuing a written notice of proposed removal to the provider, stating the reasons that removal is proposed under § 3XX.XXX and any corrective actions necessary for the provider to remain listed on the TPR. If a notice of proposed removal is issued, the provider must notify current trainees and trainees scheduled for future training of the proposed removal. [Facilitator Note: A stakeholder participant in the IE WG conference call of 5/26/15 raised the issue of what happens to students who enroll in good faith in a training program only to discover, mid-course, that their training provider may lose its certification. What recourse do they have vis a vis their training provider or what obligations does their training provider have to them? A stakeholder on the call noted that some states require that licensed trainers post a surety bond to cover such contingencies, and the question was asked whether FMCSA has authority to make this a federal requirement. After the call, FMCSA Counsel’s office informed the Facilitator that this may be a possibility, theoretically and legally, but as a practical matter such a requirement would be very complex and controversial among interests not necessarily at the table, and is probably not doable at this late stage. Since this is more of a minor, technical issue than a fundamental policy decision, the plenary may wish to leave this issue unresolved and allow the FMCSA to be guided by public comment in the course of normal rulemaking.] In addition, no new training sessions may commence until FMCSA withdraws the proposed removal. (c) Response to notice of proposed removal and corrective action. A provider that has received a notice of proposed removal from the Training Provider Registry must submit any written response to the Director, Office of Carrier, Driver, and Vehicle Safety Standards no later than 30 days after the date of issuance of the notice of proposed removal. The response must indicate either that the provider believes FMCSA has relied on erroneous information in proposing removal, as described in paragraph (c)(1) of this section, or that the provider will take any corrective action specified in FMCSA’s notice of proposed removal, as described in paragraph (c)(2) of this section.
Facilitator%27s%20Draft.SP_.docx