10 CFR 13.14, Separation of Functions

Separation of functions

a

(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.

b

(b) The ALJ shall not be responsible to, or subject to the supervision or direction of, the investigating official or the reviewing official.

c

(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.

Federal Register

[[[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1991_register&page=47135&position=1%7C 56 FR 47135, Sept. 18, 1991]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1991_register&page=64839&position=1%7C 56 FR 64839, Dec. 12, 1991]]]

External Links

[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part013/part013-0014.html%7CNRC website 10 CFR 13.14]]

v t e Code of Federal Regulations
Title 10 Part 13 - PROGRAM FRAUD CIVIL REMEDIES
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, Basis and purpose 2, Definitions 3, Basis for civil penalties and assessments 4, Investigation 5, Review by the reviewing official 6, Prerequisities for issuing a complaint 7, Complaint 8, Service of complaint 9, Answer 10, Default upon failure to file an answer 11, Referral of complaint and answer to the ALJ 12, Notice of hearing 13, Parties to the hearing 14, Separation of functions 15, Ex parte contacts 16, Disqualification of reviewing official or ALJ 17, Rights of parties 18, Authority of the ALJ 19, Prehearing conferences 20, Disclosure of documents 21, Discovery 22, Exchange of witness lists, statements, and exhibits 23, Subpoenas for attendance at hearing 24, Protective order 25, Fees 26, Filing and service of papers 27, Computation of time 28, Motions 29, Sanctions 30, The hearing and burden of proof 31, Determining the amount of penalties and assessments 32, Location of hearing 33, Witnesses 34, Evidence 35, The record 36, Post-hearing briefs 37, Initial decision 38, Reconsideration of initial decision 39, Appeal to authority head 40, Stays ordered by the Department of Justice 41, Stay pending appeal 42, Judicial review 43, Collection of civil penalties and assessments 44, Right to administrative offset 45, Deposit in Treasury of United States 46, Compromise or settlement 47, Limitations Appendices:

10 CFR 13.14, Separation of Functions

Contents

a

b

c

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10 CFR 13.14, Separation of Functions

a

b

c

Federal Register

External Links

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