1. LawStack
  2. Title 49 - Transportation
  3. Subtitle A - OFFICE OF THE SECRETARY OF TRANSPORTATION
  4. Part 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS
  5. Subpart R - Public Interest Exclusions
  6. 49 CFR § 40.385
49 CFR § 40.385
Who bears the burden of proof in a PIE proceeding?
November 18, 2020
CFR

(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.

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§ 40.383 What procedures apply if you contest the issuance of a PIE?
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§ 40.387 What matters does the Director decide concerning a proposed PIE?

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