§  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, except that the Board may dismiss any such application that
   does not contain any statement required under § 1.115(a) or (b) of this
   chapter, or does not comply with the filing requirements of § 1.115(d)
   or (f) of this chapter.

   (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, as amended at  86 FR 12546 , Mar. 4, 2021]