# Who bears the burden of proof in a PIE proceeding?

**Citation:** 49 CFR 40.385  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

(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

## Document text

(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.

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-40.385>
- Source ID: `ecfr`
- SHA-256: `eda7e455184579e5012c29b3663e24bb7f2ce7f4aa74588b9504228267fd2b9f`
- Retrieved: 2026-08-20T05:54:21.729Z
- Exported: 2026-08-22T13:15:18.711Z
- Document slug: `49-cfr-40-385`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "40",
  "section": "40.385",
  "subpart": "Subpart R—Public Interest Exclusions",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```