49 CFR 40.385
§ 40.385 Who bears the burden of proof in a PIE proceeding?
United States · 49 CFR — Transportation · Status: effective
Cite this
- Citation
- 49 CFR 40.385, § 40.385 Who bears the burden of proof in a PIE proceeding?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/255373
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Full text
(a) As the proponent of issuing a PIE, the initiating official bears the burden of proof.
(b) This burden is to demonstrate, by a preponderance of the evidence, that the service agent was in serious noncompliance with the requirements of this part for drug and/or alcohol testing-related services or with the requirements of another DOT agency drug and alcohol testing regulation.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.