[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1151.3]

[Page 294-295]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1151--BYLAWS--Table of Contents
 
Sec. 1151.3  Officers.

    (a) Board. The Board is the governing body of the agency.
    (b) Chair, Vice-Chair. The head of the agency is the Chair of the 
Board and, in his or her absence or disqualification, the Vice-Chair of 
the Board. As head of the agency, the Chair represents the Board 
whenever an applicable Federal statute or regulation imposes a duty or 
grants a right or authority to the head of the agency and has the 
authority to act in all matters relating to the operation of the Board. 
The Chair may delegate any such duties and responsibilities by written 
delegation of authority. The Chair supervises the Executive Director and 
evaluates his or her performance and approves performance evaluations of 
employees who report directly to the Executive Director. The authority 
to supervise, evaluate and approve performance evaluations of the 
Executive Director and those employees who report directly to the 
Executive Director may only be delegated to the Vice-Chair of the Board.
    (c) Election, term. The Chair and the Vice-Chair of the Board shall 
be elected by a majority of the membership of the Board (as fixed by 
statute) and serve for terms of one year. Elections shall be held as 
soon as possible upon completion of the one year term of the Chair and 
Vice-Chair. If no new Chair

[[Page 295]]

or Vice-Chair has been elected at the end of the one-year term, the 
incumbents shall continue to serve in that capacity until a successor 
Chair or Vice-Chair has been elected. When the Chair is a public member, 
the Vice-Chair shall be a Federal member; and when the Chair is a 
Federal member, the Vice-Chair shall be a public member. Upon the 
expiration of the term as Chair of a Federal member, the subsequent 
Chair shall be a public member; and vice versa.
    (d) Executive Director. The Executive Director is nominated by the 
Chair and confirmed by the Board. The Executive Director provides 
administrative leadership, and supervision and management of staff 
activities in carrying out the policies and decisions of the Board under 
the direction and supervision of the Chair. The Executive Director has 
the authority to execute contracts, agreements and other documents 
necessary for the operation of the Board; hire, fire and promote staff 
(including temporary or intermittent experts and consultants); procure 
space, equipment and supplies; and obtain interagency and commercial 
support services. The Executive Director directs compliance and 
enforcement activities in accordance with the procedures set forth in 36 
CFR part 1150, including issuing citations and determinations not to 
proceed, conducting negotiations for compliance, entering into 
agreements for voluntary compliance and performing all other actions 
authorized by law pertaining to compliance and enforcement not otherwise 
reserved to the Board.
    (e) General Counsel. The General Counsel is nominated by the Chair 
and confirmed by the Board. The General Counsel is responsible to the 
Board under the supervision of the Executive Director.