[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.3]

[Page 491]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                            Subpart A_General
 
Sec. 820.3  Separation of functions.

    (a) Separation of functions. After a respondent requests an on-the-
record adjudication of an assessment of a civil penalty contained in a 
Final Notice of Violation, no person shall participate in a decision-
making function in an enforcement proceeding if he has been, is or will 
be responsible for an investigative or prosecutorial function related to 
that proceeding or if he reports to the person responsible for the 
investigative or prosecutorial function.
    (b) Director. The Director shall be responsible for the 
investigation and prosecution of violations of the DOE Nuclear Safety 
Requirements. After the request for an enforcement adjudication, the 
Director shall not discuss ex parte the merits of the proceeding with a 
DOE Official or any person likely to advise the DOE Official in the 
decision of the proceeding.
    (c) Presiding Officer. A Presiding Officer shall perform no duties 
inconsistent with his responsibilities as a Presiding Officer, and will 
not be responsible to or subject to the supervision or direction of any 
officer or employee engaged in the performance of an investigative or 
prosecutorial function. The Presiding Officer may not consult any person 
other than a member of his staff or a special assistant on any fact at 
issue unless on notice and opportunity for all parties to participate, 
except as required for the disposition of ex parte matters as authorized 
by law.

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