[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1264.113]



[Page 378]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 

1986--Table of Contents

 

Sec. 1264.113  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 presiding officer;

    (2) Participate or advise in the initial decision or the review of 

the initial decision by the authority head, except as a witness or as 

the authority representative in the administrative or judicial 

proceedings; or

    (3) Make the collection of penalties and assessments under 31 U.S.C. 

3806.

    (b) The presiding officer shall not be responsible to, or subject to 

the supervision or direction of, the investigating official or the 

reviewing official.

    (c) Except as provided in paragraph (a) of this section, the 

representative for the Government must be a member of the legal staff of 

the authority. Nothing in this paragraph is intended to prevent 

assistance to the Government representative by attorneys in the NASA 

organization or other governmental entities.