Ask X3What does 49 CFR 40.385 (Who bears the burden of proof in a PIE proceeding?) require?
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Based on 49 CFR 40.385, the initiating official (as the proponent of issuing a PIE) bears the burden of proof. Specifically, they must demonstrate, by a preponderance of the evidence, that the service agent was in serious noncompliance with either the drug and/or alcohol testing requirements of this part or the requirements of another DOT agency's drug and alcohol testing regulation.
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