49 CFR 40.383 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 1.1 To Appendix To Subtitle A) — Office Of The Secretary Of Transportation (§ 1.1 To Appendix To Subtitle A) — Procedures For Transportation Workplace Drug And Alcohol Testing Programs (§ 40.1 To Appendix H To Part 40) — Public Interest Exclusions (§ 40.361 To Appendix H To Part 40) — 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 formal rules of evidence or procedure in creating the record of the proceeding.

(b) The Director will consider any information or argument he or she determines to be relevant to the decision on the matter.

(c) You may submit any documentary evidence you want the Director to consider. In addition, if you have arranged an informal meeting with the Director, you may present witnesses and confront any person the initiating official presents as a witness against you.

(d) In cases where there are material factual issues in dispute, the Director or his or her designee may conduct additional fact-finding.

(e) If you have arranged a meeting with the Director, the Director will make a transcribed record of the meeting available to you on your request. You must pay the cost of transcribing and copying the meeting record.