§40.385. Who bears the burden of proof in a PIE proceeding?
49 C.F.R. § 40.385
As the proponent of issuing a PIE, the initiating official bears the burden of proof.
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.
Notes, amendments, and revision history
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.