49 CFR 40.385 – Who bears the burden of proof in a PIE proceeding?
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(a) As the proponent of issuing a PIE, the initiating official bears the burden of proof.
Terms Used In 49 CFR 40.385
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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.