(a) A State agency participating in investigative and surveillance activities by agreement or certification shall provide 30-days' notice of its intent to terminate its participation.

(b) The Administrator may, on his or her own initiative, terminate the participation of a State agency if, after at least 30-days' notice and an opportunity for oral hearing under section 553 of title 5 U.S.C., the State does not establish that it has complied and is complying with:

(1) The requirements of this part;

(2) Relevant directives, enforcement manuals, and written interpretations of law and regulations provided by the FRA for guidance of the program; and

(3) The rule of national uniformity of laws, rules, regulations, orders, and standards relating to railroad safety as expressed in section 205 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 434).