Regulationcurrent
49 CFR 40.385
Who bears the burden of proof in a PIE proceeding?
Current as of 2026-08-18 Government source
eCFR editorial compilationAuthoritative but unofficial
View source (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.#