Current textIn force on Feb. 22, 2022Source: eCFR
§ 40.385 Who bears the burden of proof in a PIE proceeding?
Current wording, first on file in the 2001 annual edition.
49 CFR § 40.385 — Who bears the burden of proof in a PIE proceeding?. Text in force on February 22, 2022. This wording effective October 1, 2001 to present. Source: eCFR as of February 22, 2022, https://www.ecfr.gov/on/2022-02-22/title-49/section-40.385. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.385?asof=2022-02-22, 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.