Separation Of Functions

A person who has served as, or is subject to the authority, direction, or discretion of one who has served as, an investigator, or who has otherwise participated in a determination made in an administrative investigation or related proceeding which is the subject of an appeal, or who has had any direct or indirect involvement in the adverse administrative action under consideration prior to the filing of the appeal, may not serve as a reviewing official, attorney representative or Commissioner’s Designee in the same or related proceeding. No reviewing official may serve as an attorney representative in a hearing if he or she has previously conducted a file review in the same or related proceeding.