§ 301.210   Establishment and operation of a Dispute Resolution Board.

   (a) In general. If NTIA receives a written request under § 301.200, it shall
   establish a Dispute Resolution Board in accordance with this section.

   (b)  Board membership. A board established under this section shall be
   composed of three (3) members, to be appointed as follows:

   (1) A representative of OMB, to be appointed by the Director of OMB;

   (2) A representative of NTIA, to be appointed by the Assistant Secretary;
   and

   (3) A representative of the Commission, to be appointed by the Chairman of
   the Commission.

   (c)  Qualifications. The Assistant Secretary, in consultation with the
   Director  of  OMB  and  the  Chairman  of  the  Commission, may impose
   qualifications for one or more members of a board established under this
   section  as  are  necessary  pursuant to section 113(g)(6) of the NTIA
   Organization Act (47 U.S.C. 923(g)(6)), including, but not limited to, the
   following:

   (1) The member has the appropriate and current security clearances to enable
   access  to  any  classified or other sensitive information that may be
   associated with or relevant to the Transition Plan subject to dispute;

   (2) The member must be an employee of the appointing agency;

   (3) The member must be from a predetermined slate of not less than three (3)
   qualified candidates from NTIA, OMB, and the Commission and able to serve on
   a board immediately upon the notification of the establishment of a board
   under this section until it rules on the dispute that it was established to
   resolve; and

   (4) The member may not simultaneously be a member of the Technical Panel
   governed by subpart B of this part or a former member of the Technical Panel
   that reviewed the Transition Plan subject to dispute.

   (d) Chair. (1) The representative of OMB shall be the Chair of any board
   established under paragraph (a) of this section.

   (2) The Chair may designate a Vice-Chair who may act as Chair in the absence
   of the Chair.

   (e) Term. The term of a member of a board shall be until such board is
   terminated pursuant to paragraph (j) of this section or until a successor or
   replacement member is appointed under paragraph (b) of this section.

   (f) Vacancies. Any vacancy on a board shall be filled in the manner in which
   the original appointment was made under paragraph (b) of this section.

   (g) Compensation. (1) No member of a board shall receive any compensation
   for service on such board.

   (2) Compensation in the member's capacity as an employee of the agency of
   the official that appointed such member to a board pursuant to paragraph (b)
   of this section shall not be considered compensation under paragraph (g)(1)
   of this section.

   (h)  Procedures  of and actions by a board. (1) Except with respect to
   meetings with the parties pursuant to § 301.220(a), a board shall meet at the
   call of the Chair either in person or by some mutually agreeable electronic
   means  to deliberate or rule on the dispute that it was established to
   resolve  under  paragraph  (a) of this section or to receive technical
   assistance from the Technical Panel pursuant to § 301.130 of this part.

   (2) A board shall endeavour to rule on the dispute that it was established
   to resolve under paragraph (a) of this section unanimously. Absent unanimous
   consent of all three members of a board, a concurring vote of a majority of
   the total board membership constitutes an action of such board.

   (3) A majority of board members constitutes a quorum for any purpose.

   (4) The Chair of a board, in consultation with the other members, may adopt
   additional policies and procedures to facilitate the efficient and timely
   resolution of the dispute that it was established to resolve under paragraph
   (a) of this section.

   (i)  Administrative  support. NTIA shall provide any board established
   pursuant to paragraph (a) of this section with the administrative support
   services necessary to carry out its duties under this subpart.

   (j) Termination of a board. (1) A board established pursuant to paragraph
   (a) of this section shall terminate after it rules on the dispute that it
   was established to resolve and the time for appeal of its decision under
   section 113(i)(7) of the NTIA Organization Act (47 U.S.C. 923(i)(7)) has
   expired, unless such an appeal has been taken.

   (2) If such an appeal has been taken, the board shall continue to exist
   until the appeal process has been exhausted and the board has completed any
   action required by a court hearing the appeal.

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