5 CFR §185.115
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The investigating official, the reviewing official, and any employee or agent of the authority who takes part in investigating, preparing, or presenting a particular case may not, in such case or a factually related case:
- (1)Participate in the hearing as the ALJ;
- (2)Participate or advise in the initial decision or the review of the initial decision by the authority head, except as a witness or a representative in public proceedings; or
- (3)Make the collection of penalties and assessments under section 3806 of title 31, United States Code.
- (b)The ALJ shall not be responsible to or subject to the supervision or direction of the investigating official or the reviewing official.