---
kind: "section"
citation: "5 C.F.R. § 185.115"
title: "5"
number: "185.115"
heading: "Separation of functions."
url: "https://uscodex.org/cfr/5/185.115"
---

# §185.115. 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 section 3806 of title 31, United States Code.**
- (b) The ALJ shall not be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.

## Notes

### Authority

Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 60 FR 7891, Feb. 10, 1995, unless otherwise noted.