---
kind: "section"
citation: "49 C.F.R. § 40.385"
title: "49"
number: "40.385"
heading: "Who bears the burden of proof in a PIE proceeding?"
url: "https://uscodex.org/cfr/49/40.385"
---

# §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.

## 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.