Region 4. Illinois, Indiana, Iowa, Kansas City (Kans.), Kentucky, Michigan, Minnesota, Missouri, Ohio, Wisconsin-Regional Administrator, Everett McKinley Dirksen Bldg., 219 South Dearborn Street, Room 1204, Chicago, Illinois 60604. Region 5. Oklahoma, Arkansas, Texas, that part of Louisiana lying west of the Atchafalaya River, and Kansas-Regional Administrator, 8th Floor, 411 West 7th Street, Fort Worth, Texas 76102. Region 6. Wyoming, Colorado, New Mexico, Nebraska, North Dakota, South Dakota, Utah-Regional Administrator, Suite 700, 410 Seventeenth Street, Denver, Colorado 80202.

Region 7. California, Nevada, Arizona, Hawaii, Guam-Regional Administrator, 5757 Wilshire Boulevard, Suite 500 East, Los Angeles, California 90036-3648. Region 8. Washington, Oregon, Idaho, Montana, Alaska-Regional Administrator,

3040 Federal Building, 915 Second Avenue, Seattle, Washington 98174. Region 9. Pennsylvania, Maryland, Virginia, West Virginia, Delaware, District of Columbia-Regional Administrator, Room 2204, William J. Green, Jr. Federal Building, 600 Arch Street, Philadelphia, Pennsylvania 19106.

[27 FR 12712, Dec. 22, 1962, as amended at 28 FR 6970, July 9, 1963; 41 FR 44696, Oct. 12, 1976; 47 FR 26818, June 22, 1982; 49 FR 12684, Mar. 30, 1984; 49 FR 13679, Apr. 6, 1984; 52 FR 2677, Jan. 26, 1987]

§ 200.12 Functional responsibilities.

This section sets forth the administrative and substantive responsibilities of the Division Directors, Office Heads, Regional Administrators, and certain other Commission officers. All Commission officers and other staff members, except administrative law judges, shall perform, in addition to the duties herein set forth, such additional duties as the chairman of the Commission may assign from time to time. These officers also serve as liaison with Government and other agencies concerning matters within their respective functional responsibilities. (15 U.S.C. 77u, 78d, 78d-1) [37 FR 23826, Nov. 9, 1972]

ciency and economy in the Commission's total operations. This entails the development and execution of the overall management policies of the Commission for all its operating divisions and staff offices. The Executive Director also provides executive direction to, and exercises administrative control over, the Office of Equal Employment Opportunity, Office of Consumer Affairs and Information Services, Office of the Comptroller, Office of Information Systems Management, Office of Personnel, Office of Public Affairs, Office of Administrative Services, and the Office of Applications and Reports Services. In addition, the Executive Director is delegated the full range of program administration functions for the purposes of implementing the following statutes, regulations, and Executive orders, as well as others designated by the Chairman.

(1) Pub. L. 96-511-The Paperwork Reduction Program.

(2) 16 U.S.C. 644-The Small and Disadvantaged Business Utilization Program.

(3) Government Printing and Binding Regulations, U.S. Congress Joint Committee on Printing (1977).

(4) Executive Order 11807 and 29 CFR 1960-The Occupational Safety and Health Program.

(5) Section 2 of Pub. L. 97-255-The Federal Managers Financial Integrity Act of 1982.

(b) These functions include, but are not limited to, the appointment of program officials; the review and approval of program policies, procedures and regulations; the authorization and transmittal of required reports; and the assurance of appropriate resource requirements to implement the programs.

(c) The Executive Director is also delegated authority to designate certifying officers for agency payments, to prescribe procurement regulations, to enter into contracts, to designate contracting officers, and to make procurement determinations.

(15 U.S.C. 78d-1, 78d-2)

[43 FR 13375, Mar. 30, 1978, as amended at 49 FR 12684, Mar. 30, 1984; 50 FR 12239, Mar. 28, 1985]

§ 200.13a The Secretary of the Commission.

(a) The Secretary of the Commission is responsible for the preparation of the daily and weekly agendas of Commission business; the orderly and expeditious flow of business at formal Commission meetings; the maintenance of the Official Minute record of all actions of the Commission; and the service of all instruments of formal Commission action. He or she is custoIdian of the official seal of the Commission, and also has the responsibility for authenticating documents.

(b) The Secretary has been delegated responsibilities relating to the Commission's rules of practice, administrative proceedings under the Commission's statutes, and other responsibilities.

(c) In addition, he or she administers the Commission's Library.

[50 FR 12239, Mar. 28, 1985]

§ 200.13b Director of the Office of Public Affairs.

The Director of the Office of Public Affairs is the chief public information officer for the Commission, and oversees activities that communicate the Commission's actions to those interested in or affected by them. His or her responsibilities include liaison with the news media, dissemination of information to the news media and to the general public, coordination and production of the Annual Report to Congress, supervision of internal and some external publications and of audio-visual presentations. Responsibilities of the Director, and of his or her staff, include special projects that may be deemed appropriate to communicate information on Commission actions.

[50 FR 12239, Mar. 28, 1985]

§ 200.14 Office of Administrative Law Judges.

(a) Hearings for the purpose of developing the evidentiary record in the Commission's administrative proceedings are conducted before its administrative law judges. They rule on the admissibility of evidence and on legal and other issues which arise during the course of such proceedings. Unless

waived by the parties, an initial decision is prepared by the administrative law judge in each case containing his conclusions as to the factual and legal issues presented and an appropriate order.

(b) The Chief Administrative Law Judge performs the duties of an administrative law judge and in addition those duties delegated to him by the Commission. He is responsible for the orderly functioning of the Office of Administrative Law Judges apart from the conduct of administrative proceedings and acts as liaison between that Office and the Commission.

(15 U.S.C. 77u, 78d, 78d-1)
[37 FR 23826, Nov. 9, 1972]

§ 200.15 Director of the Office of Opinions and Review.

The Director of the Office of Opinions and Review is responsible for assisting members of the Commission in the preparation of the opinions of the Commission, and to the Commission for the preparation of opinions and decisions on motions and certifications of questions and rulings by administrative law judges in the course of administrative proceedings, except in cases where, pursuant to a waiver by the parties of separation of function requirements, another Division or Office of the Commission's staff undertakes to prepare such Findings and Opinion, in which cases the Director may assist in such preparation. The director has joint responsibility with the General Counsel in dealing with general problems arising under the Administrative Procedure Act, including the revision or adoption of rules of practice. The Director is further responsible for the exercise of such review functions with respect to adjudicatory matters as are delegated to him or her by the Commission pursuant to 76 Stat. 394 or as may be otherwise delegated or assigned to him or her.

(Secs. 1, 2, 76 Stat. 394, 395; 15 U.S.C. 78d-1, 78d-2)

[43 FR 13375, Mar. 30, 1978]

§ 200.16 Executive Assistant to the Chair

man.

The Executive Assistant to the Chairman assists the Chairman in consideration of legal, financial and economic problems encountered in the administration of the Commission's statutes. He arranges for and conducts conferences with officials of the Commission, members of the staff, and/or representatives of the public on matters arising with regard to general programs or specific matters. Acting for the Chairman, he furnishes the initiative, executive direction, and authority for staff studies and reports bearing on the Commission's administration of the laws, its relations with the public, industry, and the Congress.

§ 200.16a Director of Internal Audit.

(a) The Director of Internal Audit provides to the Chairman independent assessments of Commission operations. Organizationally a part of the Chairman's Office, the Director of Internal Audit audits Commission organizations, programs, activities and functions. The audits seek to determine whether:

(1) The program goals and results identified in enabling legislation are achieved.

(2) Resources are managed and used in an economical and efficient manner. (3) Financial operations are properly conducted.

(4) Financial reports are presented fairly.

(5) Applicable laws and regulations are complied with.

(b) The Director develops the audit universe and audit targets for review by the Chairman and tracks implementation of audit recommendations.

(c) The Director administers the Internal Control Program and provides technical assistance on internal controls to other Commission offices and divisions.

(d) With respect to government audit and internal control policies, the Director serves as liaison to other agencies, including the General Accounting Office, the Office of Management and Budget and the President's Council on Efficiency and Integrity. [51 FR 4305, Feb. 4, 1986]

§ 200.17 Chief Management Analyst.

The Chief Management Analyst is. responsible to the Executive Director for the analysis, evaluation, development, promotion of, and advice on, improvement in management policies, practices, methods, procedures and organizational structures, including: distribution and assignment of functions and responsibilities; work methods and procedures; management control systems and similar aspects of management for the purpose of improving the efficiency and effectiveness of the Commission.

(15 U.S.C. 78d-1, 78d-2)

[43 FR 13375, Mar. 30, 1978]

§ 200.18 Director of Division of Corporation Finance.

The Director of the Division of Corporation Finance is responsible to the Commission for the administration of all matters (except those pertaining to investment companies registered under the Investment Company Act of 1940) relating to establishing and requiring adherence to standards of business and financial disclosure with respect to securities being offered for public sale pursuant to the registration requirements of the Securities Act of 1933 (15 U.S.C. 77a et seq.) or the exemptions therefrom; establishing and requiring adherence to standards of reporting and disclosure with respect to securities traded on national securities exchanges or required to be registered pursuant to section 12 (g) of the Securities Exchange Act of 1934 (15 U.S.C. 787(g)) and with respect to securities whose issuers are required to file reports pursuant to section 15(d) of that Act (15 U.S.C. 78c(d)); establishing and requiring adherence to disclosure and procedural standards in the solicitation of proxies for the election of directors and other corporate actions; establishing and requiring adherence to standards of disclosure with respect to the filing of statements respecting beneficial ownership and transaction statements pursuant to sections 13 (d), (e), and (g) (15 U.S.C. 78m(d), 78m(e), and 78m(g)) of the Securities Exchange Act of 1934; administering the disclosure and substantive provisions of the Williams Act

relating to tender offers; and ensuring adherence to enforcement of the standards set forth in the Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.) regarding indenture covering debt securities. Those duties shall include, with the exception of enforcement and related activities under the jurisdiction of the Division of Enforcement, the responsibility to the Commission for the administration of the disclosure requirements and other provisions of the Securities Act of 1933, the Securities Exchange Act of 1934, and the Trust Indenture Act of 1939, as listed below:

(a) All matters under the Securities Act of 1933 (15 U.S.C. 77a, et seq.) including the examination and processing of material filed pursuant to the requirements of that Act (except such material filed by investment companies registered under the Investment Company Act of 1940), the interpretation of the provisions of the Securities Act of 1933, and the proposing to the Commission of rules under that Act.

(b) All matters, except those pertaining to investment companies registered under the Investment Company Act of 1940, arising under the Securities Exchange Act of 1934 (15 U.S.C. 78a, et seq.) in connection with:

(1) The registration of securities pursuant to section 12 of the Act (15 U.S.C. 781), including the exemptive provisions of section 12(h) (15 U.S.C. 787(h)).

(2) The examination and processing of periodic reports filed pursuant to sections 13 and 15(d) of the Act (15 U.S.C. 78m, 780(d)).

(3) The examination and processing of proxy soliciting material filed pursuant to section 14(a) and information material filed pursuant to section 14(c) of the Act (15 U.S.C. 78n(a), 78n(c)).

(4) The examination and processing of statements respecting beneficial ownership transaction statements and tender offer statements filed pursuant to sections 13 (d), (e), and (g) and 14 (d), (e), (f), and (g) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(d), 78m(e), 78m(g), and 78n(d)), and the administration of the other protective standards of these provisions.

(5) The interpretation of the foregoing provisions of the Act, as well as Section 16(a) thereof (15 U.S.C. 78p(a)), and proposing of rules under those portions of the Act to the Commission.

(c) All matters, except those pertaining to investment companies registered under the Investment Company Act of 1940, arising under the Trust Indenture Act of 1939 (15 U.S.C. 77aaa, et seq.).

[41 FR 29374, July 16, 1976, as amended at 50 FR 12239, Mar. 28, 1985]

§ 200.19a Director of the Division of Market Regulation.

The Director of the Division of Market Regulation is responsible to the Commission for the administration of all matters relating to the regulation of exchanges, national securities, associations, clearing agencies, securities information processors, the Municipal Securities Rulemaking Board, brokers, and dealers, municipal securities dealers, and transfer agents, the conduct of statistical functions under the Securities Exchange Act of 1934, and the investigations and inspections arising in connection with such administration, as specified below:

(a) Administration of all matters arising under the Securities Exchange Act of 1934 (15 U.S.C. 78a, et seq.), except:

(1) The examination and processing of applications for registration of securities on national securities exchanges pursuant to section 12 of the Act (15 U.S.C. 787).

(2) The examination and processing of periodic reports filed pursuant to sections 13 and 15(d) of the Act (15 U.S.C. 78m, 780(d)).

(3) The examination and processing of proxy soliciting material pursuant to regulations adopted under section 14 of the Act (15 U.S.C. 78n).

(4) The examination and processing of ownership reports filed under section 16(a) of the Act (15 U.S.C. 78p(a)).

(5) The denial or suspension of registration of securities registered on national securities exchanges, pursuant to section 19(a)(2) (15 U.S.C. 78s(a)(2))

by reason of failure to comply with the reporting requirements of that Act.

(6) The enforcement and related activities under the jurisdiction of the Division of Enforcement.

(15 U.S.C. 78d, 78d-1, 78d-2, 80a-37)

[37 FR 16792, Aug. 19, 1972, as amended at 43 FR 13376, Mar. 30, 1978]

§ 200.19b Director of the Division of Enforcement.

The Director of the Division of Enforcement is responsible to the Commission for the supervision and conduct of all of the enforcement activities under each of the acts administered by the Commission and the investigations relating thereto. The Director is responsible also for recommending the institution of administrative and injunctive actions arising out of such investigations and enforcement activities and for the determination of whether the available evidence supports the allegations in the proposed complaint. In addition, the Director is responsible, in collaboration with the General Counsel, for the review of cases to be referred to the Department of Justice with a recommendation for criminal prosecution, and for granting or denying requests by domestic and foreign governmental authorities, self-regulatory organizations, receivers, special counsels, and other similar persons appointed in Commission litigation, the Securities Investor Protection Corporation, and trustees and counsel for trustees appointed pursuant to section 5(b) of the Securities Investor Protection Act, for access to the Commission's files concerning non-public investigations.

[47 FR 26821, June 22, 1982]

§ 200.20b Director of Division of Investment Management.

The Director of the Division of Investment Management is responsible to the Commission for the administration of the Commission's responsibilities under the Investment Company Act of 1940 and the Investment Advisers Act of 1940, the administration and execution of the Public Utility Holding Company Act of 1935, and with respect to matters pertaining to invest

ment companies registered under the Investment Company Act of 1940 and pooled investment funds or accounts, the administration of all matters relating to establishing and requiring adherence to standards of economic and financial reporting and the administration of fair disclosure and related matters under the Securities Act of 1933 and the Securities Exchange Act of 1934 and enforcement of the standards set forth in the Trust Indenture Act of 1939 regarding indentures covering debt securities, as listed in paragraphs (a) through (e) of this section. These duties shall include investigations and inspections arising in connection with such administration; duties under paragraphs (a) through (e) of this section shall not include enforcement and related activities under the jurisdiction of the Division of Enforcement, but duties under paragraphs (f) and (g) of this section shall include enforcement and related activities under the jurisdiction of the Division of Enforcement.

(a) The administration of all matters arising under the Investment Company Act of 1940 (15 U.S.C. 80a-1, et seq.), except those arising under section 30(f) of the Act (15 U.S.C. 80a29(f)).

(b) All matters arising under the Securities Act of 1933 (15 U.S.C. 77a, et seq.) arising from or pertaining to material field pursuant to the requirements of that Act by investment companies registered under the. Investment Company Act of 1940 (15 U.S.C. 80a-1, et seq.) and pooled investment funds or accounts.

(c) All matters arising under the Securities Exchange Act of 1934 (15 U.S.C. 78a, et seq.), except the examination and processing of statements of beneficial ownership of securities and changes in such ownership filed under section 16(a) (15 U.S.C. 78p(a)) of such Act, pertaining to investment companies registered under the Investment Company Act of 1940 and pooled investment funds or accounts in connection with:

(1) The registration of securities pursuant to section 12 of the Act (15 U.S.C. 787), including the exemptive provisions of section 12(h) (15 U.S.C. 78/(h)).