---
kind: "section"
citation: "34 C.F.R. § 33.14"
title: "34"
number: "33.14"
heading: "Separation of functions."
url: "https://uscodex.org/cfr/34/33.14"
---

# §33.14. Separation of functions.

- (a) The investigating official, the reviewing official, and any employee or agent of the Department who takes part in investigating, preparing, or presenting a particular case may not, in that 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 Department 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 may not be responsible to, or subject to the supervision or direction of, the investigating official or the reviewing official.
- (c) Except as provided in [paragraph (a)](#a) of this section, the representative for the Government may be employed anywhere in the Department, including in the offices of either the investigating official or the reviewing official.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 15675, May 3, 1988, unless otherwise noted.