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Sec. 1.23 Office of the Administrator.
The Environmental Protection Agency is headed by an Administrator
who is appointed by the President, by and with the consent of the
Senate. The Administrator is responsible to the President for providing
overall supervision to the Agency, and is assisted by a Deputy
Administrator also appointed by the President, by and with the consent
of the Senate. The Deputy Administrator assists the Administrator in the
discharge of Agency duties and responsibilities and serves as Acting
Administrator in the absence of the Administrator.
Sec. 1.25 Staff offices.
(a) Office of Administrative Law Judges. The Office of
Administrative Law Judges, under the supervision of the Chief
Administrative Law Judge, is responsible for presiding over and
conducting formal hearings, and issuance of initial decisions, if
appropriate, in such proceedings. The Office provides supervision of the
Administrative Law Judges, who operate as a component of the Office of
Administrative Law
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Judges, in certain Agency Regional Offices. The Office provides the
Agency Hearing Clerk.
(b) Office of Civil Rights. The Office of Civil Rights, under the
supervision of a Director, serves as the principal adviser to the
Administrator with respect to EPA's civil rights programs. The Office
develops policies, procedures, and regulations to implement the Agency's
civil rights responsibilities, and provides direction to Regional and
field activities in the Office's area of responsibilities. The Office
implements and monitors the Agency's equal employment opportunity
program; provides advice and guidance to EPA program officials and
Regional Administrators on EEO matters; serves as advocate for
furthering career opportunities for minorities and women; and processes
complaints of discrimination for Agency disposition. The office assures:
(1) Maximum participation of minority business enterprises under EPA
contracts and grants;
(2) Equal employment opportunity under Agency service contracts,
construction contracts, and grants;
(3) Compliance with the Davis-Bacon Act and related acts;
(4) Compliance with the provisions of laws affecting Agency programs
requiring nondiscrimination on account of age and physical handicap and;
(5) Services or benefits are dispensed under any program or activity
receiving Agency financial assistance on a nondiscrimination basis.
(c) Science Advisory Board. The Science Advisory Board, under the
direction of a Director, provides expert and independent advice to the
Administrator on the scientific and technical issues facing the Agency.
The Office advises on broad, scientific, technical and policy matters;
assesses the results of specific research efforts; assists in
identifying emerging environmental problems; and advises the
Administrator on the cohesiveness and currency of the Agency's
scientific programs.
(d) Office of Small and Disadvantaged Business Utilization. The
Office of Small and Disadvantaged Business Utilization, under the
supervision of a Director, is responsible for developing policy and
procedures implementing the Agency's small and disadvantaged business
utilization responsibilities. The Office provides information and
assistance to components of the Agency's field offices responsible for
carrying out related activities. The Office develops and implements a
program to provide the maximum utilization of women-owned business
enterprises in all aspects of EPA contract work; in collaboration with
the Procurement and Contracts Management Division, develops programs to
stimulate and improve involvement of small and minority business
enterprises; and recommends the assignment of technical advisers to
assist designated Procurement Center Representatives of the Small
Business Administration in their duties. The Office represents EPA at
hearings, interagency meetings, conferences and other appropriate forums
on matters related to the advancement of these cited business
enterprises in EPA's Federal Contracting Program.
(e)(1) Environmental Appeals Board. The Environmental Appeals Board
is a permanent body with continuing functions composed of no more than
four Board Members designated by the Administrator. The Board shall
decide each matter before it in accordance with applicable statutes and
regulations. The Board typically shall sit on matters before it in
three-Member panels, and shall decide each matter by a majority vote. In
the event that absence or recusal prevents a three-Member panel, the
Board shall sit on a matter as a panel of two Members, and two Members
shall constitute a quorum under such circumstances. The Board in its
sole discretion shall establish panels to consider matters before it.
The Board's decisions regarding panel size and composition shall not be
reviewable. In the case of a tie vote, the matter shall be referred to
the Administrator to break the tie.
(2) Functions. The Environmental Appeals Board shall exercise any
authority expressly delegated to it in this title. With respect to any
matter for which authority has not been expressly delegated to the
Environmental Appeals Board, the Environmental Appeals Board shall, at
the Administrator's request, provide advice and consultation, make
findings of fact and
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conclusions of law, prepare a recommended decision, or serve as the
final decisionmaker, as the Administrator deems appropriate. In
performing its functions, the Environmental Appeals Board may consult
with any EPA employee concerning any matter governed by the rules set
forth in this title, provided such consultation does not violate
applicable ex parte rules in this title.