(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.
Compiled from the Electronic Code of Federal Regulations (eCFR), an editorial compilation and not an official legal edition of the CFR. The official text is the Federal Register and the annual CFR edition. §40.385 on eCFR.