Who bears the burden of proof in a PIE proceeding?

  1. Law
  2. CFR 49
  3. Transportation
  4. Office of the Secretary of Transportation
  5. Procedures for Transportation Workplace Drug and Alcohol Testing Programs
  6. Public Interest Exclusions
  7. Who bears the burden of proof in a PIE proceeding?

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§ 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.


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