Other Fields
Agency Scheme: 
EPACERCL0007
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Environmental Appeals Board
Name of Hearing Office (global name): 
Environmental Protection Agency: Environmental Appeals Board
Sub-Agency/Bureau/Division:: 
Office of Administration and Resources Management
Hearing Officer #1 (Title): 
Environmental Appeals Board Members
Hearing Officer #2 (Title): 
Designated Hearing Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

Proceedings for Environmental Appeals Board review and decision on petitions for reimbursement of costs for EPA-ordered cleanup of hazardous substances under section 106(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). There are no regulations governing EAB review of 106(b) reimbursement petitions; instead, EAB determinations are guided by a guidance document, "Revised Guidance Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions" (Feb. 23, 2012) (available on EAB website).

The EAB conducts record review (with oral argument as needed), unless EAB determines, in its discretion, an evidentiary hearing is needed for disputed material facts. In an evidentiary hearing is needed, the EAB will designate a neutral EPA employee (i.e., no prior involvement in case) to serve as the hearing officer and issue a recommended decision.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
"Revised Guidance Procedures for Submission and Review of CERCLA Section 106(b) Reimbursement Petitions" (Feb. 23, 2012) (available on EAB website)
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Agency
Depends on Nature of Case/Claim
Please describe: 
The EAB conducts record review (with oral argument as needed), unless EAB determines, in its discretion, an evidentiary hearing is needed for disputed material facts. In an evidentiary hearing is needed, the EAB will designate a neutral EPA employee (i.e., no prior involvement in case) to serve as the hearing officer and issue a recommended decision. (Revised Guidance, IV.C)
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
If the EAB decides a petition on written (document-only) review with or without oral argument, it generally presides as a 3-member panel. If instead, the EAB determines an evidentiary hearing is needed to designates a hearing official, then there is only one hearing
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
If evidentiary hearing conducted by hearing officer, witness testimony is presumably permitted (though Revised Guidance Document does not specify hearing procedures). Not applicable for written (document-only) hearings by the EAB.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
If evidentiary hearing conducted by hearing officer, cross-examination of witnesses is presumably permitted (though Revised Guidance Document does not specify hearing procedures). Not applicable for written (document-only) hearings by the EAB.
Can third-parties submit amicus briefs and/or evidence?: 
No
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Staff Attorney
Other
If "Other," please specify (drafts): 
If an evidentiary hearing conducted by hearing officer, hearing officer drafts recommended decision for the EAB with respect to factual issue(s) addressed at hearing. When the EAB holds written (document-only) hearings, it drafts the decision on the petition for review with assistance as needed from EAB staff attorneys.
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
The EAB has final authority to issue decisions on petitions for reimbursement irrespective of whether it hears matter or refers factual issues to hearing official for an evidentiary hearing.
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
Yes
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
If "Yes (Some Decisions)," how does the agency determine which final decisions to publish/post? Please briefly describe: 
The EAB's final orders on petitions for reimbursement (i.e., final orders denying reimbursement, final decisions and orders granting reimbursement, and final decisions determining reimbursable costs and authorizing payment) are available on the Board's website. Such decisions are also often published on commercial databases (such as LEXIS and Westlaw).
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADJUDICATORS
Total # of Hearing Officers: 
4
Comments/Notes on Hearing-Level Adjudicators (Optional): 
For evidentiary hearings, the Revised Guidance states as follows: "The EAB will designate an EPA employee who has had no prior involvement in the matter under review to serve as a hearing officer and to issue a recommended decision to the EAB with respect to the issues addressed at the hearing." (Revised Guidance, p. 8). No further guidance is given about this Hearing Officer, including location or typical position.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Pre-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Mediation
Other
If "Other," please specify:: 
EAB judges may serve as early neutral evaluators.
Who conducts the ADR?: 
Non-Presiding Adjudicator
Regulations/rules of practice governing ADR process (please include CFR citations): 
EAB ADR "Information Sheet" (available on EAB website)
Other published guidance on ADR process (if any):: 
EPA’s Policy on Alternative Dispute Resolution, 65 Fed. Reg. 81,858 (Dec. 27, 2000)
Comments/Notes on ADR Process (Optional): 
EAB ADR is conducted in compliance with the confidentiality provisions of the Administrative Dispute Resolution Act of 1996,5 U.S.C. § 574. The Board has video conferencing equipment and, where appropriate, may be used in the ADR process.
Verified by Agency: 
Not verified