['Drug and Alcohol Testing - DOT']

['Substance abuse professional (SAP) - Motor Carrier', 'Medical review officer (MRO) - Motor Carrier', 'Consortium: third-party administrator (TPA) - Motor Carrier', 'Breath alcohol technician - Motor Carrier']

09/17/2024

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§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.

['Drug and Alcohol Testing - DOT']

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