[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1264.113]

[Page 380]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1264_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986--
 
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.