§ 4.14 Conduct of business.

(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 Commissioners available to participate in a matter constitutes a quorum for the transaction of business in that matter. For purposes of this paragraph, any Commissioner in office and not recused from participating in a matter (by virtue of 18 U.S.C. 208 or otherwise) is considered available to participate in that matter, and a majority is calculated as follows:

(1) If the number of Commissioners available to participate is five or four, then a majority consists of three Commissioners;

(2) If the number of Commissioners available to participate is three or two, then a majority consists of two Commissioners; and

(3) If the number of Commissioners available to participate is one, then a majority consists of one Commissioner.

(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; 91 FR 60518, Sept. 24, 2026]