Testing

Target Language or Knowledge:

A ________ is a serious action that the Department takes only to protect the public interest. It is intended only to remedy situations of serious noncompliance but not used for the purpose of punishment.
Public Interest Exlcusions
For a laboratory, falsifying, concealing, or destroying documentation concerning any part of the drug testing process, including, but not limited to, documents in a “____________________ package” are examples of serious non-compliance.
litigation
This contains the initiating official's recommendations concerning the issuance of a PIE, but it is not a decision by the Department to issue a PIE. As a service agent, if your compliance matter is not correctable or if have not resolved compliance matters as provided, the initiating official starts a PIE proceeding by sending you this.
Notice of Proposed Exclusion
This means that the initiating official and the Director are prohibited from having any discussion, contact, or exchange of information with one another about the matter, except for documents and discussions that are part of the record of the proceeding.
Firewall
Any person may bring concerns about waste, fraud, or abuse on the part of a service agent to the attention of the DOT Office of _________________ __________________. In appropriate cases, this office may pursue criminal or civil remedies against a service agent.
Inspector General
The initiating official may conduct appropriate fact finding. When he or she is satisfied that you are in compliance, the initiating official sends you a notice that the matter is concluded.
True
A general denial is insufficient to raise a genuine dispute over facts material to the issuance of a PIE
True
You may arrange with the Director for an informal meeting to present your information and arguments to contest the issuance of PIE.
True
The Director plays a role in the initiating official's determination about whether to start a PIE proceeding.
False
Like all final administrative actions of Federal agencies, the Director's decision is subject to judicial review under the Administrative Procedure Act
True
As the proponent of issuing a PIE, the employee being tested bears the burden of proof in a PIE proceeding.
False
PIEs apply to drug and alcohol testing that DOT does not regulate.
False
You may, as an employer, use the services of a service agent that are covered by a PIE that the Director has issued.
False
If you are a service agent, the Department may issue a PIE concerning you if we determine that you have failed or refused to provide drug or alcohol testing services consistent with the requirements of this part or a DOT agency drug and alcohol regulation.
True
A decision to initiate a PIE proceeding necessarily mean that the Department regards a service agent as being in compliance or that the Department may not use other applicable remedies in a situation of noncompliance.
True