[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.5]

[Page 91]
 
                     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 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.