{"operation":"document","citation":"49 CFR 40.385","title":"Who bears the burden of proof in a PIE proceeding?","source_type":"regulation","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":null,"effective_on":"2026-08-18","summary":"(a) As the proponent of issuing a PIE, the initiating official bears the burden of proof.\n\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","machine_formats":{"json":"https://regulus.evalyn.ai/document/49-cfr-40-385.json","markdown":"https://regulus.evalyn.ai/document/49-cfr-40-385.md"},"app_url":"https://regulus.evalyn.ai/document/49-cfr-40-385","source_url":"https://www.ecfr.gov/on/2026-08-18/title-49/section-40.385","body":"(a) As the proponent of issuing a PIE, the initiating official bears the burden of proof.\n\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.","truncated":false,"body_characters":381}