4.1034 Separation of functions.

Cite as [A.S.C.A. § 4.1034 ]

No officer, employee, or agent engaged in the performance of any investigative or prosecuting function for an agency in a contested case may, in that or any factually related case, participate or advise in any final or recommended agency decision, except as witness or counsel in proceedings where all parties have notice and the opportunity to participate.

History: 1969, PL 11-55.

Case Notes:

The Attorney General's Office may not simultaneously act as both counsel and legal advisor to a government agency. A.S.C.A. § 4.1034. Leiato v. Personnel Advisory Board, 21 A.S.R.2d 25.