{"data":{"id":"us/49-cfr-390.8","jurisdiction":"us","citation":"49 CFR 390.8","heading":"Separation of functions.","body":"(a) An Agency employee who has taken an active part in investigating, prosecuting, advocating, or making an initial Agency determination in a proceeding under § 380.723, § 382.717, § 390.115, § 390.135, or § 391.47 of this chapter or section 5.4 to appendix A to subpart B of part 395 of this chapter may not, in that case or a factually-related case, advise or assist the Agency official authorized to issue a final decision in the applicable proceeding.\n(b) Nothing in this section shall preclude the Agency official authorized to issue a final decision or anyone advising that Agency official from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision.","path":["Title 49—Transportation","Subtitle B—Other Regulations Relating to Transportation","CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION","SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS","PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL","Subpart A—General Applicability and Definitions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-49.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:34Z","sha256":"32f4b085c149b26b11c94db0f2cf31401c388e0228b6bd5b862f032e32a53d6d","source_id":"us-cfr","stale":true,"prev":"us/49-cfr-390.7","next":"us/49-cfr-390.9"},"notice":"GroundRules: Original legal text. Not legal advice."}