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65 FR 79526, Dec. 19, 2000, unless otherwise noted.
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Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.
(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.