- (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 candidate a reasonable opportunity to explain or rebut that adverse information in writing prior to denying certification. A railroad shall provide the candidate with any documents or records, including written statements, related to failure to meet a requirement of this part that support its pending denial decision.
(b) If a railroad denies a person certification or recertification, it shall issue a decision that complies with all of the following requirements:
- (1) It must be in writing.
- (2) It must explain the basis for the railroad's denial decision.
- (3) It must address any explanation or rebuttal information that the candidate provides pursuant to paragraph (a) of this section.
- (4) It must include the date of the railroad's decision.
- (5) It must be served on the person no later than 10 days after the railroad's decision.
- (c) A railroad shall not deny the person's certification for failing to comply with a railroad test procedure, signal standard, or practice which constitutes a violation under § 246.303(e)(1) through (10) if sufficient evidence exists to establish that an intervening cause prevented or materially impaired the person's ability to comply with that railroad test procedure, signal standard, or practice.