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49 CFR 40.385

§ 40.385 Who bears the burden of proof in a PIE proceeding?

United States · 49 CFR — Transportation · Status: effective

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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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(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.