Other Fields
Agency Scheme: 
EPAOOALJ0001
Level: 
Appeal Level Two
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Office of the Administrator
Appeal Office (global name): 
Environmental Protection Agency: Office of the Administrator
Appeal Officer #1 (Title): 
Administrator
Appeal Officer #2 (Title): 
Designated EPA Official
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Statutorily-required review by the Administrator of EPA enforcement actions and compliance/penalty order under certain environmental statutes (e.g., Clean Air Act, Resource Conservation and Recovery Act, Safe Drinking Water Act) issued against federal entities when the federal entity (a) has otherwise exhausted administrative remedies (including review by the Environmental Appeals Board) under the Consolidated Rules of Practice (CROP) (40 CFR Part 22), and (b) requests a conference with the Administrator. (See 40 CFR 22.31(e)). Subsection 22.31(e) does not set forth any procedures for such conferences, other than to note that, when a timely request for review by the Administrator is made by a federal entity, the subsequent decision by the Administrator represents final agency action. [*Note: The Administrator may, in certain matters, be permitted to delegate his/her conference authority to confer with federal entities to regional officials or other designated EPA officials. Accordingly, Appeal Officer #2 is generically listed as "Designated EPA Official." ]
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Agency
Is the agency permitted to have representation at appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for appeal hearings (please include CFR citations): 
40 CFR 22.31(e)
Other published guidance for appeal hearings (if any): 
The Yellow Book: Guide to Environmental Enforcement and Compliance at Federal Facilities (Feb. 1999) (posted on agency website)
PROCESS & PROCEDURE - Hearing Procedure
How is the type of hearing selected for appeals heard by this office?: 
By Agency
How many appeal officers preside at each hearing?: 
One
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
No
PROCESS & PROCEDURE - Post-Hearing Procedure
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
First-In/First-Out Basis
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
No
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
ADJUDICATORS
Total # of Appeal Officers: 
1
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
Verified by Agency: 
Not verified