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65 FR 79526, Dec. 19, 2000, unless otherwise noted.
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Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.
(a) In the NOPE (see § 40.375(b)(5)), the initiating official proposes the duration of the PIE. The duration of the PIE is one of the elements of the proceeding that the service agent may contest (see § 40.381(b)) and about which the Director makes a decision (see § 40.387(b)(4)).
(b) In deciding upon the duration of the PIE, the Director considers the seriousness of the conduct on which the PIE is based and the continued need to protect employers and employees from the service agent's noncompliance. The Director considers factors such as those listed in § 40.389 in making this decision.
(c) The duration of a PIE will be between one and five years, unless the Director reduces its duration under § 40.407.