49 CFR 240.219 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 200.1 To Parts 273-299) — Other Regulations Relating To Transportation (Continued) (§ 200.1 To Parts 273-299) — Federal Railroad Administration, Department Of Transportation (§ 200.1 To Parts 273-299) — Qualification And Certification Of Locomotive Engineers (§ 240.1 To Appendix F To Part 240) — Implementation Of The Certification Process (§ 240.201 To § 240.231) — Denial of certification.

(a) A railroad shall notify a candidate for certification or recertification of information known to the railroad that forms the basis for denying the person certification and provide the person a reasonable opportunity to explain or rebut that adverse information in writing prior to denying certification.

(b) This section does not require further opportunity to comment if the railroad's denial is based solely on factors addressed by §§ 240.115, 240.117, and 240.119 and the opportunity to comment afforded by those sections has been provided.

(c) If it denies a person certification or recertification, a railroad shall notify the person of the adverse decision and explain, in writing, the basis for its denial decision. The document explaining the basis for the denial shall be mailed or delivered to the person within 10 days after the railroad's decision and shall give the date of the decision.