49 CFR 40.385 - Who bears the burden of proof in a PIE proceeding?

Regulations last checked for updates: May 04, 2024

Title 49 - Transportation last revised: May 01, 2024

View all text of Subpart R [§ 40.361 - § 40.413]

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

(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.

authority: 49 U.S.C. 102,301,322,5331,20140,31306,and

source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.

cite as: 49 CFR 40.385