[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR386.3]



[Page 249]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 

AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents

 

                  Subpart A_Scope of Rules; Definitions

 

Sec. 386.3  Separation of functions.



    Effective Date Note: At 70 FR 28479, May 18, 2005, Sec. Sec. 386.3 

was added, effective November 14, 2005.

    (a) Civil penalty proceedings will be prosecuted by Agency Counsel 

who represent the Field Administrator. In Notices of Violation, the 

Field Administrator will be represented by Agency Counsel.

    (b) An Agency employee, including those listed in paragraph (c) of 

this section, engaged in the performance of investigative or 

prosecutorial functions in a civil penalty proceeding may not, in that 

case or a factually related case, discuss or communicate the facts or 

issues involved with the Agency decisionmaker, Administrative Law Judge, 

Hearing Officer or others listed in paragraph (d) of this section, 

except as counsel or a witness in the public proceedings. This 

prohibition also includes the staff of those covered by this section.

    (c) The Deputy Chief Counsel, Assistant Chief Counsel for 

Enforcement and Litigation, and attorneys in the Enforcement and 

Litigation Division serve as enforcement counsel in the prosecution of 

all cases brought under this part.

    (d) The Chief Counsel, the Special Counsel to the Chief Counsel, and 

attorneys serving as Adjudications Counsel advise the Agency 

decisionmaker regarding all cases brought under this Part.

    (e) Nothing in this part shall preclude agency decisionmakers or 

anyone advising an agency decisionmaker from taking part in a 

determination to launch an investigation or issue a complaint, or 

similar preliminary decision.