DOT Rule 49 CFR Part 40 Section 40.385

Subpart R - Public Interest Exclusions§ 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...

DOT Rule 49 CFR Part 40 Section 40.383

Subpart R - Public Interest Exclusions§ 40.383 What procedures apply if you contest the issuance of a PIE?

(a) DOT conducts PIE proceedings in a fair and informal manner. The Director may use flexible procedures to allow you to present matters in opposition. The Director is not required to follow...

DOT Rule 49 CFR Part 40 Section 40.381

Subpart R - Public Interest Exclusions§ 40.381 What information do you present to contest the proposed issuance of a PIE?

(a) As a service agent who wants to contest a proposed PIE, you must present at least the following information to the Director:

(1) Specific facts that contradict the...

DOT Rule 49 CFR Part 40 Section 40.377

Subpart R - Public Interest Exclusions§ 40.377 Who decides whether to issue a PIE?

(a) The ODAPC Director, or his or her designee, decides whether to issue a PIE. If a designee is acting as the decisionmaker, all references in this subpart to the Director refer to the designee.

(b) To...

DOT Rule 49 CFR Part 40 Section 40.375

Subpart R - Public Interest Exclusions§ 40.375 How does the initiating official start a PIE proceeding?

(a) As a service agent, if your compliance matter is not correctable (see §40.373(a)), or if have not resolved compliance matters as provided in §40.373(c), the initiating official starts a PIE...

DOT Rule 49 CFR Part 40 Section 40.373

Subpart R - Public Interest Exclusions§ 40.373 Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?

(a) If you are a service agent, the initiating official must send you a correction notice before starting a PIE proceeding.

...

DOT Rule 49 CFR Part 40 Section 40.371

Subpart R - Public Interest Exclusions§ 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding?

(a) An initiating official may rely on credible information from any source as the basis for starting a PIE proceeding.

(b) Before sending a...

DOT Rule 49 CFR Part 40 Section 40.369

Subpart R - Public Interest Exclusions§ 40.369 What is the discretion of an initiating official in starting a PIE proceeding?

(a) Initiating officials have broad discretion in deciding whether to start a PIE proceeding.

(b) In exercising this discretion, the initiating official must...

DOT Rule 49 CFR Part 40 Section 40.367

Subpart R - Public Interest Exclusions§ 40.367 Who initiates a PIE proceeding?

The following DOT officials may initiate a PIE proceeding:

(a) The drug and alcohol program manager of a DOT agency;

(b) An official of ODAPC, other than the Director; or

(c) The designee of any of...

DOT Rule 49 CFR Part 40 Section 40.365

Subpart R - Public Interest Exclusions § 40.365 What is the Department's policy concerning starting a PIE proceeding?

(a) It is the Department's policy to start a PIE proceeding only in cases of serious, uncorrected noncompliance with the provisions of this part, affecting such matters as...

Drug and Alcohol Testing

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