CFR > Title 49 - Transportation > SUBTITLE A—Office of the Secretary of Transportation > PART 40—PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS > SUBPART R—Public Interest Exclusions (§40.361 to §40.413) > 40.385—Who bears the burden of proof in a PIE proceeding?

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.