49 C.F.R. § 40.385

Current through October 31, 2024
Section 40.385 - Who bears the burden of proof in a PIE proceeding?
(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.

49 C.F.R. § 40.385