[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR13.14]

[Page 58-59]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 13_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents
 
Sec.  13.14  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.

[[Page 59]]

    (b) The ALJ will 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.