{"data":{"id":"us/49-cfr-40.385","jurisdiction":"us","citation":"49 CFR 40.385","heading":"Who bears the burden of proof in a PIE proceeding?","body":"(a) As the proponent of issuing a PIE, the initiating official bears the burden of proof.\n(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.","path":["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"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"9c07b9cc7083ab012351da90b818e8b094fd21403c9c08c6c080cd51e23251cd","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-40.383","next":"us/49-cfr-40.387"},"notice":"GroundRules: Original legal text. Not legal advice."}