[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.3]

[Page 259]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
      Subpart A_Scope of Rules; Definitions and General Provisions
 
Sec.  386.3  Separation of functions.

    (a) Civil penalty proceedings will be prosecuted by Agency Counsel 
who represent the Field Administrator. In Notices of Violation, the 
Field Administrator will be represented by Agency Counsel.
    (b) An Agency employee, including those listed in paragraph (c) of 
this section, engaged in the performance of investigative or 
prosecutorial functions in a civil penalty proceeding may not, in that 
case or a factually related case, discuss or communicate the facts or 
issues involved with the Agency decisionmaker, Administrative Law Judge, 
Hearing Officer or others listed in paragraph (d) of this section, 
except as counsel or a witness in the public proceedings. This 
prohibition also includes the staff of those covered by this section.
    (c) The Deputy Chief Counsel, Assistant Chief Counsel for 
Enforcement and Litigation, and attorneys in the Enforcement and 
Litigation Division serve as enforcement counsel in the prosecution of 
all cases brought under this part.
    (d) The Chief Counsel, the Special Counsel to the Chief Counsel, and 
attorneys serving as Adjudications Counsel advise the Agency 
decisionmaker regarding all cases brought under this Part.
    (e) Nothing in this part shall preclude agency decisionmakers or 
anyone advising an agency decisionmaker from taking part in a 
determination to launch an investigation or issue a complaint, or 
similar preliminary decision.

[70 FR 28479, May 18, 2005]