§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 §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.
[66 FR 49872,