§ 0.212   Board of Commissioners.

   (a) Whenever the Chairman or Acting Chairman of the Commission determines
   that  a quorum of the Commission is not present or able to act, he may
   convene  a  Board of Commissioners. The Board shall be composed of all
   Commissioners present and able to act.

   (b)  The  Board of Commissioners is authorized to act upon all matters
   normally acted upon by the Commission en banc, except the following:

   (1)  The  final  determination  on  the  merits of any adjudicatory or
   investigatory hearing proceeding or of any rule making proceeding, except
   upon a finding by the Board that the public interest would be disserved by
   waiting the convening of a quorum of the Commission.

   (2) Petitions for reconsideration of Commission actions.

   (3)  Applications  for  review  of actions taken pursuant to delegated
   authority.

   (c)  The  Board of Commissioners is authorized to act upon all matters
   normally acted upon by an individual Commissioner (when he or his alternates
   are not present or able to act) or by a committee of Commissioners (in the
   absence of a quorum of the committee).

   (d) Actions taken by the Board of Commissioners shall be recorded in the
   same manner as actions taken by the Commission en banc.

   (e) This section has no application in circumstances in which the Commission
   is unable to function at its offices in Washington, D.C. See § § 0.181-0.186
   and § § 0.381-0.387.

   [ 30 FR 9314 , July 27, 1965]

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