---
kind: "section"
citation: "45 C.F.R. § 681.15"
title: "45"
number: "681.15"
heading: "How are the functions of the ALJ separated from those of the investigating official and the reviewing official?"
url: "https://uscodex.org/cfr/45/681.15"
---

# §681.15. 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 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.

## Notes

### Source

Source: 74 FR 26794, June 4, 2009, unless otherwise noted.