45 CFR 1174.15 - Separation of functions.

Regulations last checked for updates: Nov 24, 2024

Title 45 - Public Welfare last revised: Nov 19, 2024

View all text of Subpart D [§ 1174.12 - § 1174.32]

§ 1174.15 - Separation of functions.

(a) The investigating official, the reviewing official, and any employee or agent of the authority who takes part in investigating, preparing, or presenting a particular case may not, in such case or a factually related case:

(1) Participate in the hearing as the ALJ;

(2) Participate or advise in the authority head's review of the initial decision; or

(3) Make the collection of penalties and assessment.

(b) The ALJ must not be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.

authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2)

source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.

cite as: 45 CFR 1174.15