1. Regulations
  2. title 49
  3. chapter A
  4. part 40
  5. subpart R
  6. § 40.385

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 54101

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

CITE AS: 49 CFR 40.385