TITLE 12 - BANKS AND BANKING

CHAPTER III - FEDERAL DEPOSIT INSURANCE CORPORATION

SUBCHAPTER A - PROCEDURE AND RULES OF PRACTICE

PART 308 - RULES OF PRACTICE AND PROCEDURE

subpart t - PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES

308.513 - Separation of functions.

  (a) The investigating official, the reviewing official, and any employee or agent of the FDIC 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 Board, except as a witness or a representative in public proceedings; or (3) Make the collection of penalties and assessments under 31 U.S.C. 3806.

  (b) The ALJ will not be responsible to, or subject to the supervision or direction of, the investigating official or the reviewing official.

  (c) Except as provided in paragraph (a) of this section, the representative for the FDIC will be an attorney employed in the FDIC's Legal Division; however, the representative of the FDIC may not participate or advise in the review of the initial decision by the Board.