(a)As a service agent, if your compliance matter is not correctable (see § 40.373(a)), or if have not resolved compliance matters as provided in § 40.373(c), the initiating official starts a PIE proceeding by sending you a notice of proposed exclusion (NOPE). The NOPE contains the initiating official's recommendations concerning the issuance of a PIE, but it is not a decision by the Department to issue a PIE.
(b)The NOPE includes the following information:
(1)A statement that the initiating official is recommending that the Department issue a PIE concerning you;
(2)The factual basis for the initiating official's belief that you are not providing drug and/or alcohol testing services to DOT-regulated employers consistent with the requirements of this part or are in serious noncompliance with a DOT agency drug and alcohol regulation;
(3)The factual basis for the initiating official's belief that your noncompliance has not been or cannot be corrected;
(4)The initiating official's recommendation for the scope of the PIE;
(5)The initiating official's recommendation for the duration of the PIE; and
(6)A statement that you may contest the issuance of the proposed PIE, as provided in § 40.379.
(c)The initiating official sends a copy of the NOPE to the ODAPC Director at the same time he or she sends the NOPE to you.