[Code of Federal Regulations]
[Title 17, Volume 1]
[Revised as of April 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 17CFR12.8]

[Page 272]
 
              TITLE 17--COMMODITY AND SECURITIES EXCHANGES
 
             CHAPTER I--COMMODITY FUTURES TRADING COMMISSION
 
PART 12_RULES RELATING TO REPARATIONS--Table of Contents
 
Subpart A_General Information and Preliminary Consideration of Pleadings
 
Sec.  12.8  Separation of functions.

    (a) A Judgment Officer, or Administrative Law Judge will not be 
responsible to or subject to the supervision or direction of any 
officer, employee, or agent of the Commission engaged in the performance 
of investigative or prosecutorial functions for the Commission.
    (b) No officer, employee, or agent of the Federal Government engaged 
in the performance of investigative or prosecutorial functions in 
connection with any proceeding shall, in that proceeding or a factually 
related proceeding, participate or advise in the decision of a Judgment 
Officer, or Administrative Law Judge, except as a witness in the 
proceeding, without the express written consent of the parties to the 
proceeding. This provision shall not apply to the Commissioners.

[49 FR 6621, Feb. 22, 1984, as amended at 57 FR 20638, May 14, 1992]