---
kind: "section"
citation: "38 C.F.R. § 42.14"
title: "38"
number: "42.14"
heading: "Separation of functions."
url: "https://uscodex.org/cfr/38/42.14"
---

# §42.14. Separation of functions.

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

## Notes

### Authority

Authority: Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, codified at 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 16710, May 11, 1988, unless otherwise noted.