[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.14]



[Page 76-77]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.14  Separation of functions.



    (a) The investigating official, the reviewing official, and any 

employee or agent of the Department who takes part in investigating, 

preparing, or presenting a particular case may not, in that 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 Department head, except as a witness or a 

representative in public proceedings; or



[[Page 77]]



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

3806.

    (b) The ALJ may 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 may be employed anywhere in the 

Department, including in the offices of either the investigating 

official or the reviewing official.



(Authority: 31 U.S.C. 3809(l)(2))