Delegation of Commission Authority During Loss of Quorum

The Commission hereby delegates the following authorities to take effect in the event that there is a loss of a quorum:

1. Chief Financial Officer (or Acting Chief Financial Officer) in consultation with the Chief
Operating Officer (or Acting Chief Operating Officer): To maintain preexisting agency programs and operations, approval of all contracts, including sole source contracts and Fair Employment Practice Agency contracts.

2. Director, Office of Field Programs (or Acting Director): Decisions on Petitions to Revoke or Modify Subpoenas.

3. Legal Counsel (or in the absence of a Legal Counsel, an Associate Legal Counsel): Purely ministerial changes to regulations that are compelled by statute, such as mandatory annual adjustment of civil penalties.

4. General Counsel (or in the absence of a General Counsel, an Acting General Counsel or the Principal Deputy Counsel): Approval of participation as amicus curiae to advance positions that (a) the Commission previously adopted via regulation; policy or compliance guidance approved by the Commission; or prior amicus curiae participation; and (b) that do not comprise a change in a previously adopted Commission policy or position.

Delegees are to provide notice to the remaining Commissioners -7 calendar days before they exercise these delegations unless a different timeframe is identified in prior voted delegations.

The provisions set forth above will take effect automatically and immediately at any time at which the Commission loses a quorum and shall end once a quorum of Commissioners has been duly appointed.

These delegations supplement and do not supersede or revoke prior voted delegations, including, but not limited to, Resolution Concerning the Commission’s Authority to Commence or Intervene in Litigation and the Commission’s Interest in Information Concerning Appeals (Jan. 2021) and the Federal Sector Circulation List Resolution (Sept. 2015); as well as the delegations to field staff provided in the Commission’s procedural regulations in 29 C.F.R. § 1601 et seq.

Approved by the Commission, November 25, 2025