49 CFR §40.385
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.