13 CFR § 142.41 - How does SBA protect the rights of defendants?

---
identifier: "/us/cfr/t13/s142.41"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "13 CFR § 142.41 - How does SBA protect the rights of defendants?"
title_number: 13
title_name: "Business Credit and Assistance"
section_number: "142.41"
section_name: "How does SBA protect the rights of defendants?"
chapter_name: "SMALL BUSINESS ADMINISTRATION"
part_number: "142"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 634(b); 31 U.S.C. 3803(g)(2)."
regulatory_source: "61 FR 2691, Jan. 29, 1996, unless otherwise noted."
cfr_part: "142"
---


# 142.41 How does SBA protect the rights of defendants?

These procedures separate the functions of the investigating official, reviewing official, and the ALJ, each of whom report to a separate organizational authority in accordance with 31 U.S.C. 3801. Except for purposes of settlement, or as a witness or a representative in public proceedings, no investigating official, reviewing official, or SBA employee or agent who helps investigate, prepare, or present a case may (in such case, or a factually related case) participate in the initial decision or the review of the initial decision by the Administrator. This separation of functions and organization is designed to assure the independence and impartiality of each government official during every stage of the proceeding. The representative for SBA may be employed in the offices of either the investigating official or the reviewing official.