§FMCSR.com
Historical textIn force on Oct. 1, 2014Source: annual CFR editions 2006–2016

§ 386.3 Separation of functions.

Wording in the annual edition revised as of Oct. 1, 2006, superseded October 14, 2021.

govinfo, 2014 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2014 edition's wording. An amendment that took effect between Oct. 1, 2014 and Oct. 1, 2014 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
49 CFR § 386.3 — Separation of functions.. Text in force on October 1, 2014. This wording effective October 1, 2006 to October 14, 2021. Source: govinfo, 2014 edition, https://www.govinfo.gov/app/details/CFR-2014-title49-vol5/CFR-2014-title49-vol5-sec386-3. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.3?asof=2014-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Civil penalty proceedings will be prosecuted by Agency Counsel who represent the Field Administrator. In Notices of Violation, the Field Administrator will be represented by Agency Counsel.

(b) An Agency employee, including those listed in paragraph (c) of this section, engaged in the performance of investigative or prosecutorial functions in a civil penalty proceeding may not, in that case or a factually related case, discuss or communicate the facts or issues involved with the Agency decisionmaker, Administrative Law Judge, Hearing Officer or others listed in paragraph (d) of this section, except as counsel or a witness in the public proceedings. This prohibition also includes the staff of those covered by this section.

(c) The Deputy Chief Counsel, Assistant Chief Counsel for Enforcement and Litigation, and attorneys in the Enforcement and Litigation Division serve as enforcement counsel in the prosecution of all cases brought under this part.

(d) The Chief Counsel, the Special Counsel to the Chief Counsel, and attorneys serving as Adjudications Counsel advise the Agency decisionmaker regarding all cases brought under this Part.

(e) Nothing in this part shall preclude agency decisionmakers or anyone advising an agency decisionmaker from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision.

[70 FR 28479, May 18, 2005]

Amendment history

4 distinct wordings on file since Oct. 1, 2005
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previous
    [70 FR 28479, May 18, 2005, as amended at 86 FR 57071, Oct. 14, 2021]
  2. Oct. 14, 2021 → Nov. 17, 2023eCFR, day-precisediff vs. previous
    [70 FR 28479, May 18, 2005, as amended at 86 FR 57071, Oct. 14, 2021]
  3. Oct. 1, 2006 → Oct. 14, 2021annual editions 2006–2016diff vs. previousviewing
    [70 FR 28479, May 18, 2005]
  4. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.