49 CFR 390.8
§ 390.8 Separation of functions.
United States · 49 CFR — Transportation · Status: effective
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- Citation
- 49 CFR 390.8, § 390.8 Separation of functions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/260987
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Full text
(a) An Agency employee who has taken an active part in investigating, prosecuting, advocating, or making an initial Agency determination in a proceeding under § 380.723, § 382.717, § 390.115, § 390.135, or § 391.47 of this chapter or section 5.4 to appendix A to subpart B of part 395 of this chapter may not, in that case or a factually-related case, advise or assist the Agency official authorized to issue a final decision in the applicable proceeding.
(b) Nothing in this section shall preclude the Agency official authorized to issue a final decision or anyone advising that Agency official from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.