14 CFR 13.203
§ 13.203 Separation of functions.
United States · 14 CFR — Aeronautics and Space · Status: effective
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- Citation
- 14 CFR 13.203, § 13.203 Separation of functions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/53544
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.