Code of Federal Regulations

Title 14 - Aeronautics and Space
Volume: 1Date: 2021-01-01Original Date: 2021-01-01Title: 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.
§ 13.203 Separation of functions. (a) Civil penalty proceedings, including hearings, shall be prosecuted by an agency attorney. (b) An agency employee engaged in the performance of investigative or prosecutorial functions in a civil penalty action shall not, in that case or a factually-related case, participate or give advice in a decision by the administrative law judge or by the FAA decisionmaker on appeal, except as counsel or a witness in the public proceedings. (c) The Chief Counsel, the Deputy Chief Counsel for Policy and Adjudication, and the Assistant Chief Counsel for Litigation, or an attorney on the staff of the Assistant Chief Counsel for Litigation will advise the FAA decisionmaker regarding an initial decision or any appeal of a civil penalty action to the FAA decisionmaker. [Amdt. 13-21, 55 FR 27575, July 3, 1990, as amended by Amdt. 13-24, 58 FR 50241, Sept. 24, 1993; 70 FR 8238, Feb. 18, 2005]