49 CFR § 40.385 Procedures for Transportation Workplace Drug and Alcohol Testing Programs

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

Current through Sep 25, 2026 · Read all of Part 40

⚠ 1 pending change to Part 40

(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.

← § 40.383 What procedures apply if you contest the issuance of a PIE?§ 40.387 What matters does the Director decide concerning a proposed PIE? →