(a) In the NOPE (see Sec. 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 Sec. 40.381(b)) and about which the Director makes a decision (see Sec. 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 Sec. 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 Sec. 40.407.