28 CFR § 68.31 - Separation of functions.
---
identifier: "/us/cfr/t28/s68.31"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 68.31 - Separation of functions."
title_number: 28
title_name: "Judicial Administration"
section_number: "68.31"
section_name: "Separation of functions."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "68"
part_name: "RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301, 554, 557(b); 8 U.S.C. 1103, 1324a, 1324b, and 1324c; 28 U.S.C. 509, 510, and 2461 note."
cfr_part: "68"
---
# 68.31 Separation of functions.
No officer, employee, or agent of the Federal Government engaged in the performance of investigative or prosecutorial functions in connection with any proceeding shall, in that proceeding or a factually related proceeding, participate or advise in the decision of the Administrative Law Judge, except as a witness or counsel in the proceedings.
[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 50053, Oct. 3, 1991]