---
kind: "section"
citation: "45 C.F.R. § 1174.15"
title: "45"
number: "1174.15"
heading: "Separation of functions."
url: "https://uscodex.org/cfr/45/1174.15"
---

# §1174.15. 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 authority head's review of the initial decision; 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: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).

### Source

Source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.