49 CFR § 604.35 - Separation of functions.

---
identifier: "/us/cfr/t49/s604.35"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 604.35 - Separation of functions."
title_number: 49
title_name: "Transportation"
section_number: "604.35"
section_name: "Separation of functions."
chapter_name: "FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
part_number: "604"
part_name: "CHARTER SERVICE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 5323(d); 49 CFR 1.91."
regulatory_source: "73 FR 2345, Jan. 14, 2008, as amended at 90 FR 28213, July 1, 2025, unless otherwise noted."
cfr_part: "604"
---


# 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.