Current textIn force on Oct. 1, 2007Source: annual CFR editions 2001–2016
§ 40.385 Who bears the burden of proof in a PIE proceeding?
Current wording, first on file in the 2001 annual edition.
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2007 edition's wording. An amendment that took effect between Oct. 1, 2007 and Oct. 1, 2007 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 40.385 — Who bears the burden of proof in a PIE proceeding?. Text in force on October 1, 2007. This wording effective October 1, 2001 to present. Source: govinfo, 2007 edition, https://www.govinfo.gov/app/details/CFR-2007-title49-vol1/CFR-2007-title49-vol1-sec40-385. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.385?asof=2007-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.
(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.
Amendment history
1 distinct wording on file since Oct. 1, 2001A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.