Page:United States Statutes at Large Volume 49 Part 1.djvu/594

 74Tn CONGRESS. SESS. I. CH. 498. AUGUST 9, 1935. 549 tion as are hereinbefore vested in members or examiners of the Commission while acting under its orders in the administration of this part. Orders recommended by joint boards shall be filed with orders of ; filing ; effee- the Commission, and shall become orders of the Commission and tiveness. become effective in the same manne r, and shall b e subject to t he same procedure, as provided in the case of orders recommended by members or examiners under this section. "(c) Whenever there arises in the administration of this part creation of . any matter that the Commission is required to refer to a joint board, or that the Commission determines, in its discretion, to refer to a j oint board, th e Commission sh all, if no joi nt board eligi ble to consider said matter is in existence, create a joint board to consider the matter when referred, and to recommend appropriate order t hereon . The Commi ssion shall pr escribe rules governing meeti ngs Rules gover ning and procedure of joint boards and may, in the event of legal pro- edƒCegs and pr o- ceedings preventing reference to a joint board, determine the matter as provided in paragraph (a) of this section . Except as hereinafter Qualifications of . provided, a joint board shall consist of a member from each State in which the motor carrier or brokerage operations involved are or are proposed to be conducted. The member from any such State Nomination of shall be nominated by the board of such State from its own member- bers of. ship or otherwise ; or if there is no board in such State or if the board of su ch State fails to make a nom ination when re quested by the Commission then the Governor of such State may nominate Appointme nt of such memb er. nominee. The Commission is authorized to appoint as a member _ upon the joint board any such nominee approved by it. If both tio nm den• nomina- the Board and the Governor of any State shall fail to nominate a joint board member when requested, then the joint board shall be constituted without a member from such State, if members for two or more States shall have been nomi nated and appro ved by the Commission. All decisions and recommendations by joint boards Deci sions and roc- ommendations ; major. shall be by majority vote. If the board of each State from which ityvote y a member of a joint board is entitled to be appointed shall waive action on any matter referred to such joint board, or if any joint board fails or refuses to act, or is unable to agree upon any matter submitted to it within forty-five days after the matter is referred to it or such other period as the Commission may authorize, or if a member shall not be nominated for more than one State (except only when the operations proposed shall be into or through territory foreign to the United States), then such matter shall be decided as in the case of any matter not required to be referred to a joint board . When any proceeding required to be referred to a joint board shall Ivhen proceeding in- volves mo tor carri er involve operations of a motor carrier conducted or proposed to be oper atin g t hrou gh for- conducted into or through territory foreign to the United States, eign territory. if a single State shall be involved, or if only one State shall make nominat ion of a joint board member through its Go vernor or Stat e board, then the Commission, in such case, may receive from that State the nomination of not mor e than three members an d may appoint such nominees to constitute the joint board. Members of Allowances to mom . joint boards when administering the provisions of this part shall bers. receive such allowances for travel and subsistence expenses as the Commission shall provide. A joint board shall continue in existence Joint boards ; dura- for the consideration of matters referred to it by the Commission lion. until such time as its existence may be terminated by the Commis- sion. A substitution of membership upon a joint board from any ber s ubsstitutionofmem- State may be made at any time by nomination and appointment in the same manner as an original nomination and appointment . "(d) Where practicable and as the Commission may by rule or flearings; place of order direct, hearings by any member, examiner, or joint board upon holding. any matter referred to him or to such board shall be held at such places within the United States as are convenient to the parties.