---
kind: "section"
citation: "41 C.F.R. § 105-70.014"
title: "41"
number: "105-70.014"
heading: "Separation of functions."
url: "https://uscodex.org/cfr/41/105-70.014"
---

# §105-70.014. 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.
- (c) Except as provided in [paragraph (a)](#a) of this section, the representative for the Government may be employed anywhere in the Authority, including in the offices of either the investigating official or the reviewing official.

## Notes

### Authority

Authority: 40 U.S.C. 121(c); 31 U.S.C. 3809.

### Source

Source: 52 FR 45188, Nov. 25, 1987, unless otherwise noted.