Page:United States Statutes at Large Volume 92 Part 2.djvu/74

 92 STAT. 1354

Waiver.

49 USC 10344.

Travel expenses.

Conflict of interest, prohibition. Facilities.

PUBLIC LAW 95-473—OCT. 17, 1978

shall decide the matter. The Commission may consider the conclusions of the joint board in making its decision. (b) A joint board may make an initial decision or report of its conclusions only by a majority vote. However, if only one member of the board participates in the proceeding, that member shall make the initial decision alone. (c) When a member of a joint board does not participate in a proceeding referred to that board, after notice of the proceeding, the State from which that member was appointed waives its right to act in that proceeding. The waiver does not affect the duty or power of remaining members of the board to continue the proceeding and make an initial decision. (d) In addition to decisions made under subsection (a) of this section, the Commission shall decide a matter referred to a joint board when— (1) the authority of each State from which a member of the ? board may be appointed waives action on a matter referred to (2) a joint board does not act, or cannot agree, on a matter referred to it in 45 days after the matter is referred to it (or in r another period authorized by the Commission); or •^ (3) a member is nominated for only one State, except as provided in section 10342(c) of this title. § 10344. Administration (a) Meetings and procedures of joint boards shall be conducted under regulations of the Interstate Commerce Commission. The Commission may designate an employee appointed under section 3105 of title 5 to advise and assist a joint board, (b) When practicable and when directed by the Commission, a proceeding involving a matter referred to a joint board shall be held at a place in the United States that is convenient to the parties to the proceeding. (c) The members of joint boards and employees designated to advise and assist them under subsection (a) of this section may administer oaths, subpena witnesses and the production of records, and take depositions under section 10321 of this title related to matters referred to the boards. (d) When carrying out this subtitle, members of joint boards shall receive an allowance for travel and subsistence expenses as the Commission shall provide. (e) A member of a joint board may not have a pecuniary interest in, hold an official relation to, or own securities of, a carrier providing transportation by any mode. (f) The Administrator of General Services shall assign space and facilities in the Interstate Commerce Commission building not required by the Commission for the use of the national organization of the State commissions and their representatives. The space and facilities shall be available for the use of joint boards and for members and representatives of those boards cooperating with the Commission or with another department, agency, or instrumentality of the United States Government. If suitable space is not available in the Interstate Commerce Commission building, the Administrator shall assign space in another building in convenient proximity to it.
 * that board;

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