---
kind: "section"
citation: "49 C.F.R. § 40.295"
title: "49"
number: "40.295"
heading: "May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?"
url: "https://uscodex.org/cfr/49/40.295"
---

# §40.295. May employees or employers seek a second SAP evaluation if they disagree with the first SAP's recommendations?

- (a) As an employee with a DOT drug and alcohol regulation violation, when you have been evaluated by a SAP, you must not seek a second SAP's evaluation in order to obtain another recommendation.
- (b) As an employer, you must not seek a second SAP's evaluation if the employee has already been evaluated by a qualified SAP. If the employee, contrary to [paragraph (a)](#a) of this section, has obtained a second SAP evaluation, as an employer you may not rely on it for any purpose under this part.

## Notes

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.