Title 49 Part 604 → Subpart H → §604.35

Title 49 → Subtitle B → Chapter VI → Part 604 → Subpart H → §604.35

Electronic Code of Federal Regulations e-CFR

Title 49 Part 604 → Subpart H → §604.35

e-CFR data is current as of February 14, 2020

Title 49Subtitle BChapter VIPart 604Subpart H → §604.35

Title 49: Transportation
Subpart H—Decisions by FTA and Appointment of a Presiding Official (PO)

§604.35   Separation of functions.

(a) Proceedings under this part shall be handled by an FTA attorney, except that the Chief Counsel may appoint a PO, who may not be an FTA attorney.

(b) After issuance of an initial decision by the Chief Counsel, the FTA employee or contractor engaged in the performance of investigative or prosecutorial functions in a proceeding under this part shall not, in that case or a factually related case, participate or give advice in a final decision by the Administrator or his or her designee on written appeal, and shall not, except as counsel or as witness in the public proceedings, engage in any substantive communication regarding that case or a related case with the Administrator on written appeal.