§ 13.203 - Separation of functions.

§ 13.203 Separation of functions.

(a) Civil penalty proceedings, including hearings, shall be 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 shall must not , in participate in deciding or advising the administrative law judge or the FAA decisionmaker 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 but may participate as counsel for the complainant or as 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 and the Director and legal personnel of the Office of Adjudication will advise the FAA decisionmaker regarding any appeal of an initial decision or any appeal of order in 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]