5 CFR · Administrative Personnel
§ 185.115 — Separation of functions.
5 CFR § 185.115
TitleTitle 5: Administrative PersonnelPartPart 185: Program Fraud Civil Remedies
SourceeCFR (current through Mar 24, 2026)
This text of 5 C.F.R. § 185.115 (Separation of functions.) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
5 C.F.R. § 185.115 (2026).
Text
§ 185.115 Separation of functions.
(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.
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Related
§ 3806
31 U.S.C. § 3806
Nearby Sections
11
§ 185.112
Notice of hearing.§ 185.113
Location of hearing.§ 185.114
Parties to the hearing.§ 185.115
Separation of functions.§ 185.116
Ex parte contacts.§ 185.118
Rights of parties.§ 185.119
Authority of the ALJ.§ 185.120
Prehearing conferences.Cite This Page — Counsel Stack
Bluebook (online)
5 C.F.R. § 185.115, Counsel Stack Legal Research, https://law.counselstack.com/cfr/5/185/185.115.