GroundRules
49 CFR 40.385: Who bears the burden of proof in a PIE proceeding?
Where this section sits in the code
- Title 49—Transportation
- Subtitle A—Office of the Secretary of Transportation
- PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS
- Subpart R—Public Interest Exclusions
(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.
Collected 2026-08-27T02:26:34Z. Source file · JSON