49 C.F.R. § 245.109 – Determinations required for certification and recertification.

(a) After FRA has approved a railroad's dispatcher certification program, the railroad, prior to initially certifying or recertifying any person as a dispatcher, shall, in accordance with its FRA-approved program, determine in writing that:
1. (1) The individual meets the prior safety conduct eligibility requirements of §§ 245.111 and 245.113;
2. (2) The individual meets the eligibility requirements of §§ 245.115 and 245.303;
3. (3) The individual meets the visual and hearing acuity standards of §§ 245.117 and 245.118;
4. (4) The individual has the necessary knowledge, as demonstrated by successfully completing a test that meets the requirements of § 245.121; and
5. (5) If applicable, the individual has completed a training program that meets the requirements of § 245.119.
(b) Nothing in this section, § 245.111, or § 245.113 shall be construed to prevent persons subject to this part from entering into an agreement that results in a railroad obtaining the information needed for compliance with this subpart in a different manner than that prescribed in § 245.111 or § 245.113.