NCMS Contractor Support
DOT Regulations - 49 CFR Part 40
Subpart R—Public Interest Exclusions

§ 40.385 Who bears the burden of proof in a PIE proceeding?

December 18, 2025 21:23

(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.

This information was copied from a federal government resource. Always verify the accuracy of this information against the most recent version of the Code of Federal Regulations: https://www.ecfr.gov/current/title-49/subtitle-A/part-40 or the Office of Drug & Alcohol Policy & Compliance: https://www.transportation.gov/odapc.

Articles in this section

§ 40.361 What is the purpose of a public interest exclusion (PIE)?
§ 40.363 On what basis may the Department issue a PIE?
§ 40.365 What is the Department's policy concerning starting a PIE proceeding?
§ 40.367 Who initiates a PIE proceeding?
§ 40.369 What is the discretion of an initiating official in starting a PIE proceeding?
§ 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding?
§ 40.373 Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?
§ 40.375 How does the initiating official start a PIE proceeding?
§ 40.377 Who decides whether to issue a PIE?
§ 40.379 How do you contest the issuance of a PIE?