(a)Voluntary removal. To be voluntarily removed from the Training Provider Registry (TPR), a provider must submit written notification to FMCSA, ATTN: Training Provider Registry Removal, 1200 New Jersey Avenue SE, Washington, DC 20590 or through the TPR website. Upon receiving the written notification, FMCSA will remove the training provider from the TPR. On and after the date of issuance of a notification of proposed removal from the TPR issued in accordance with paragraph (b) of this section, such a voluntary removal notification will not be effective.
(b)Involuntary removal; Notice of proposed removal. Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for involuntary removal of a provider from the TPR by issuing a written notification to the provider, stating the reasons for the proposed removal and setting forth any corrective actions necessary for the provider to remain listed on the TPR. If a notification of proposed removal is issued, the provider must notify current driver-trainees and driver-trainees scheduled for future training of the proposed removal. If a notification of proposed removal is issued to a training provider listed on the TPR website, FMCSA will note on the TPR website that such notification has been issued. FMCSA will remove the notation if the notification is withdrawn.
(c)Response to notification of proposed removal and corrective action. A training provider that has received a notification of proposed removal and wishes to remain on the TPR must submit a written response to FMCSA no later than 30 days after the date of issuance of the notification. The response must explain why the provider believes that FMCSA has relied on erroneous information in proposing removal from the TPR, in accordance with paragraph (c)(1) of this section, or the response must state that the provider intends to comply with this subpart and complete the corrective action(s) specified in FMCSA's notification of proposed removal, in accordance with paragraph (c)(2) of this section. If the provider responds to the notification of proposed removal by indicating the provider intends to comply and take corrective action, the provider must submit documentation of completion of corrective action(s) in accordance with paragraph (c)(2)(i) of this section.
(1)Opposing a notification of proposed removal. If the provider believes FMCSA has relied on erroneous information in proposing removal from the TPR, the provider must explain the basis for that belief and provide supporting documentation. FMCSA will review the explanation.
(i)If FMCSA finds that FMCSA has relied on erroneous information to propose removal of a training provider from the TPR, FMCSA will withdraw the notification of proposed removal and notify the provider of the withdrawal in writing.
(ii)If FMCSA finds that FMCSA has not relied on erroneous information in proposing removal, FMCSA will affirm the notification of proposed removal and notify the provider in writing of the determination. No later than 60 days after the date FMCSA affirms the notification of proposed removal, or as otherwise agreed to by the provider and FMCSA, the provider must comply with this subpart and correct the deficiencies identified in the notification of proposed removal as described in paragraph (c)(2) of this section.
(iii)If the provider does not respond in writing within 30 days of the date of issuance of a notification of proposed removal, explaining why the decision is not proper or stating that the provider will complete the corrective actions in accordance with paragraph (c)(2) of this section, the removal becomes effective immediately and the provider will be removed from the TPR. Any training conducted after the removal date is invalid.
(i)The provider must comply with this subpart and complete the corrective actions specified in the notification of proposed removal no later than 60 days after either the date of issuance of the notification of proposed removal or the date FMCSA subsequently affirms or modifies the notification of proposed removal. The provider must provide documentation of completion of the corrective action(s) to FMCSA. FMCSA may conduct an investigation and request any documentation necessary to verify that the provider has complied with this subpart and completed the required corrective action(s). FMCSA will notify the provider in writing whether it has met the requirements for continued listing on the TPR.
(ii)If the provider fails to complete the proposed corrective action(s) within the 60-day period, the provider will be removed from the TPR. FMCSA will notify the provider in writing of the removal.
(d)Request for administrative review. If a provider has been removed from the TPR under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of this section, the provider may request an administrative review. The request must be submitted in writing to FMCSA, ATTN: § 380.723 Training Provider Registry Removal Proceedings, 1200 New Jersey Avenue SE, Washington, DC 20590 no later than 30 days after the effective date of the removal. The request must explain the alleged error(s) committed in removing the provider from the TPR, and include all factual, legal, and procedural issues in dispute, as well as any supporting documentation.
(1)Additional procedures for administrative review. FMCSA may ask the provider to submit additional information or attend a conference to discuss the removal. If the provider does not provide the information requested, or does not attend the scheduled conference, FMCSA may dismiss the request for administrative review.
(2)Decision on administrative review. FMCSA will complete the administrative review and notify the provider in writing of the decision. The decision constitutes final Agency action. If FMCSA deems the removal to be invalid, FMCSA will reinstate the provider's listing on the TPR.
(e)Emergency removal. In cases of fraud, criminal behavior, or willful disregard of the regulations in this subpart or in which public health, interest, or safety requires, the provisions of paragraph (b) of this section are not applicable. In these cases, FMCSA may immediately remove a provider from the TPR. In instances of fraud or other criminal behavior by a training provider in which driver-trainees have knowingly participated, FMCSA reserves the right to retroactively invalidate training conducted under this subpart. A provider who has been removed under the provisions of this paragraph may request an administrative review of that decision as described under paragraph (d) of this section.
(f)Reinstatement to the Training Provider Registry.
(1)Any time after a training provider's voluntary removal from the TPR, the provider may apply to FMCSA to be reinstated.
(2)No sooner than 30 days after the date of a provider's involuntary removal from the TPR, the provider may apply to FMCSA to be reinstated. The provider must submit documentation showing completion of any corrective action(s) identified in the notification of proposed removal or final notification of removal, as applicable.