Page:United States Statutes at Large Volume 92 Part 2.djvu/73

 PUBLIC LAW 95-473—OCT. 17, 1978 this title for action. When the operation of a motor carrier or broker involves not more than 3 States, the Commission shall refer the following matters to a joint board for action when an opportunity for a proceeding is required or when the Commission finds that it is desirable: (1^ an application for a certificate, permit, or license. (2) a suspension, change, or revocation of a certificate, permit, or license. (3) an application for approval and authorization of a consolidation, merger, or acquisition of control or of an operating contract. (4) a complaint about a violation by a motor carrier or broker of a requirement established under section 10321(a), 10525, 11101 (b), or 11142(b) of this title. (5) a complaint about rates of motor carriers or practices of brokers. (b) Notwithstanding subsection (a) of this sectiori, if the Commission is prevented by legal proceedings from referring a matter to a joint board, the Commission may determine the matter under subchapter II of this chapter. §10342. Establishment (a) The Interstate Commerce Commission may establish and abolish joint boards as necessary to carry out section 10341 of this title. Except as provided in this section, a joint board is composed of a member from each State in which transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title is, or is proposed to be, provided. The Commission may appoint an individual nominated under subsection (b) of this section as a member of a joint board. (b) The member of a joint board from a State shall be nominated by the State authority having jurisdiction to regulate intrastate transportation by motor vehicle on the highways of that State. If there is no such authority in that State or if that authority does not nominate a member when requested by the Commission, the chief executive officer of the State may nominate the member. If both that State authority and the chief executive officer of that State do not nominate a member when requested, the board is constituted without a member from that State if the Commission has appointed members for at least 2 other States to the board. (c) When a matter required to be referred to a joint board involves the operation of a motor carrier in or through a place outside the United States, if only one State is involved or if only one State nominates an individual to be a member of the joint board, that State may nominate and the Commission may appoint not more than 3 members to the board. (d) A substitution in the membership of a joint board may be made at any time in the same manner as an initial nomination and appointment under this section. §10343. Powers (a) When conducting a proceeding involving a matter referred under section 10341 of this title, a joint board may make an initial decision under section 10322 of this title. Subchapter II of this chapter applies to an initial decision of a joint board. However, a joint board may report to the Interstate Commerce Commission its conclusions on evidence received without making an initial decision. When a joint board makes a report instead of an initial decision, the Commission

92 STAT. 1353

Post, pp. 1419, 1425.

49 USC 10342. Membership. -

49 USC 10343.

Report.

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