16 C.F.R. § 4.14

Conduct of business

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Matters before the Commission for consideration may be resolved either at a meeting under § 4.15 or by written circulation. Any Commissioner may direct that a matter presented for consideration be placed on the agenda of a Commission meeting.

(b) A majority of the members of the Commission in office and not recused from participating in a matter (by virtue of 18 U.S.C. 208 or otherwise) constitutes a quorum for the transaction of business in that matter.

(c) Any Commission action, either at a meeting or by written circulation, may be taken only with the affirmative concurrence of a majority of the participating Commissioners, except where a greater majority is required by statute or rule or where the action is taken pursuant to a valid delegation of authority. No Commissioner may delegate the authority to determine his or her vote in any matter requiring Commission action, but authority to report a Commissioner's vote on a particular matter resolved either by written circulation, or at a meeting held in the Commissioner's absence, may be vested in a member of the Commissioner's staff.

[42 FR 13540, Mar. 11, 1977, as amended at 50 FR 53306, Dec. 31, 1985; 70 FR 53297, Sept. 8, 2005]

Notes of Decisions

Cited in 2 cases, 1984–2019 · leading case: Fed. Trade Comm'n v. Quincy Bioscience Holding Co., 389 F. Supp. 3d 211 (S.D. Ill. 2019).

Sort: Relevance Newest Treatment

Fed. Trade Comm'n v. Quincy Bioscience Holding Co., 389 F. Supp. 3d 211 (S.D. Ill. 2019). “8, 2005) (codified at 16 C.F.R. § 4.14 (b) ). That rule makes clear that the relevant number of Commissioners is not the number authorized by law (five) but those actually in office (three).”

Ctr. for Auto Saf. v. Fed. Trade Comm'n, 586 F. Supp. 1245 (D.D.C. 1984). “If one member of such a commission is disqualified or recused, he cannot, under the law, be replaced (see 16 C.F.R. § 4.14 (c)), and the body may thus be left, as in this case, unable to make an effective decision by virtue of an even split.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.