Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 49 - Transportation |
Subtitle B - Other Regulations Relating to Transportation |
Chapter III - Federal Motor Carrier Safety Administration, Department of Transportation |
SubChapter B - Federal Motor Carrier Safety Regulations |
Part 390 - Federal Motor Carrier Safety Regulations; General |
Subpart A - General Applicability and Definitions |
§ 390.8 - Separation of functions.
Latest version.
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§ 390.8 Separation of functions.
(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.
[86 FR 57073, Oct. 14, 2021]