[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 14CFR16.5]



[Page 88-89]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 16_RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT 

PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 16.5  Separation of functions.



    (a) Proceedings under this part, including hearings under subpart F 

of this part, will be prosecuted by an agency attorney.

    (b) After issuance of an initial determination in which the FAA 

provides the opportunity for a hearing, an agency employee engaged in 

the performance of investigative or prosecutorial functions in a 

proceeding under this part will not, in that case or a factually related 

case, participate or give advice in an initial decision by the hearing 

officer, or a final decision by the Associate Administrator or designee 

on written appeal, and will not, except as counsel or as witness in the 

public proceedings, engage in any substantive communication regarding 

that case or a related case with the hearing officer, the Associate 

Administrator on written appeal, or agency employees



[[Page 89]]



advising those officials in that capacity.

    (c) The Chief Counsel, the Assistant Chief Counsel for Litigation, 

or an attorney on the staff of the Assistant Chief Counsel for 

Litigation advises the Associate Administrator regarding an initial 

decision, an appeal, or a final decision regarding any case brought 

under this part.