Separation of functions.

§ 185.115 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 section 3806 of title 31, United States Code. (b) The ALJ shall not be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.