---
kind: "section"
citation: "28 C.F.R. § 71.14"
title: "28"
number: "71.14"
heading: "Separation of functions."
url: "https://uscodex.org/cfr/28/71.14"
---

# §71.14. 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 initial decision or the review of the initial decision by the authority head, except as a witness or a representative in public proceedings; or
  - (3) Make the collection of penalties and assessments under [31 U.S.C. 3806](/usc/31/3806.md).
- (b) The ALJ shall not be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1268-88, 53 FR 11646, Apr. 8, 1988, unless otherwise noted.