---
kind: "section"
citation: "45 C.F.R. § 1149.30"
title: "45"
number: "1149.30"
heading: "How are the functions of the ALJ separated from those of the investigating official and the reviewing official?"
url: "https://uscodex.org/cfr/45/1149.30"
---

# §1149.30. How are the functions of the ALJ separated from those of the investigating official and the reviewing official?

- (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 review of the initial decision by the authority head; 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.

## Notes

### Authority

Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 79 FR 67081, Nov. 12, 2014, unless otherwise noted.