Code of Federal Regulations

Title 14 - Aeronautics and Space

Volume: 1Date: 2023-01-01Original Date: 2023-01-01Title: Section 13.203 - Separation of functions.Context: Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. SUBCHAPTER B - PROCEDURAL RULES. PART 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES. Subpart G - Rules of Practice In FAA Civil Penalty Actions.

Code of Federal Regulations / Title 14 - Aeronautics and Space / Vol. 1 / 2023-01-0161

§ 13.203 Separation of functions. (a) Civil penalty proceedings, including hearings, are prosecuted by an agency attorney. (b) An agency employee who has engaged in the performance of investigative or prosecutorial functions in a civil penalty action must not participate in deciding or advising the administrative law judge or the FAA decisionmaker in that case, or a factually-related case, but may participate as counsel for the complainant or as a witness in the public proceedings. (c) The Chief Counsel and the Director and legal personnel of the Office of Adjudication will advise the FAA decisionmaker regarding any appeal of an initial decision or order in a civil penalty action to the FAA decisionmaker.