[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.14]



[Page 287]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.14  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 ALJ;

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

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

representative in public proceedings; or

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

3806.

    (b) The ALJ 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 may be employed anywhere in the 

authority, including in the offices of either the investigating official 

or the reviewing official.