[Federal Register Volume 64, Number 60 (Tuesday, March 30, 1999)]
[Rules and Regulations]
[Page 15125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7741]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 60 / Tuesday, March 30, 1999 / Rules
and Regulations
[[Page 15125]]
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GENERAL ACCOUNTING OFFICE
4 CFR Parts 27 and 28
Personnel Appeals Board; Procedural Rules
agency: General Accounting Office Personnel Appeals Board.
action: Interim rule with request for comments.
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summary: The General Accounting Office Personnel Appeals Board (PAB)
has authority with respect to employment practices within the General
Accounting Office (GAO or agency), pursuant to the General Accounting
Office Personnel Act of 1980. The PAB hereby amends its regulations, on
an interim basis, to conform to Board policy recognizing that a quorum
of three members of the Board may exercise all the powers of the Board,
and that a majority of a quorum may act in any matter requiring
consideration by the full Board. The Board invites public comment on
this amendment before it becomes final.
dates: These interim regulations are effective March 30, 1999. Comments
on these regulations must be received by the Board on or before June 1,
1999, in order to be considered.
addresses: Comments may be mailed to: Clerk, General Accounting Office
Personnel Appeals Board, Suite 560, Union Center Plaza II, 441 G Street
NW., Washington, DC 20548. Comments may also be submitted by facsimile
transmission to 202-512-7525.
for further information contact: Beth Don, Executive Director, 202-512-
6137.
supplementary information: The General Accounting Office Personnel
Appeals Board is authorized by Congress, pursuant to 31 U.S.C. 751-755,
to hear and decide certain employment-related cases brought by GAO
employees and to exercise oversight over equal employment opportunity
at the agency. By statute, the Board is composed of five members who
serve five-year nonrenewable terms. 31 U.S.C. 751(a) and (c)(1). The
statute contains no provision expressly governing Board procedures in
the case of a vacancy in Board membership. The statute states that the
Board may delegate to a member or panel of members the authority to act
under its power to consider and order corrective and disciplinary
action. 31 U.S.C. 753(c). A decision of a member or panel is final
unless the Board reconsiders the decision either on motion of a party
or on its own initiative. 31 U.S.C. 753(c). Further, the statute
authorizes the Board to prescribe regulations providing for appeals and
providing for the operating procedures of the Board. 31 U.S.C. 753(e).
The Board has followed the common law rule, set forth in Roberts
Rules of Order and recognized by the Supreme Court in FTC v. Flotill
Products, 389 U.S. 179 (1967), that a majority of a quorum constituted
of a simple majority of a collective body may act for that body when
the enabling statute is silent on the question. This principle was
adopted by the Board as a policy statement on May 15, 1995. The
amendment to the Board's regulations is intended to formalize the
application of the common law rule to the Board's operating procedures.
The Board is making this regulation effective immediately upon
publication, on an interim basis, to conform the regulation to the
Board's practice and to clarify who may act for the Board. The Board,
however, welcomes public comment and will carefully consider all
comments received before adopting this regulation in final form.
List of Subjects
4 CFR Part 27
Government employees, Organization and functions (government
agencies).
4 CFR Part 28
Administrative practice and procedure, Equal employment
opportunity, Government employees, Labor-management relations.
For the reasons set forth in the preamble, the General Accounting
Office Personnel Appeals Board amends 4 CFR Chapter I, Subchapter B, as
follows:
PART 27--GENERAL ACCOUNTING OFFICE PERSONNEL APPEALS BOARD;
ORGANIZATION
1. The authority citation for part 27 continues to read as follows:
Authority: 31 U.S.C. 753.
2. Section 27.1 is revised to read as follows:
Sec. 27.1 The Board.
The General Accounting Office Personnel Appeals Board, hereinafter
the Board, is composed of five members appointed by the Comptroller
General, in accordance with the provisions of 31 U.S.C. 751. For
purposes of the regulations in this part and 4 CFR parts 28 and 29, a
simple majority of the Board shall constitute a quorum and a majority
of a quorum may act for the Board. The Board may designate a panel of
its members or an individual Board member to take any action within the
scope of the Board's authority, subject to later reconsideration by the
Board.
PART 28--GENERAL ACCOUNTING OFFICE PERSONNEL APPEALS BOARD;
PROCEDURES APPLICABLE TO CLAIMS CONCERNING EMPLOYMENT PRACTICES AT
THE GENERAL ACCOUNTING OFFICE
1. The authority citation for Part 28 continues to read as follows:
Authority: 31 U.S.C. 753.
2. Section 28.3 is amended by revising the definition of Board to
read as follows:
Sec. 28.3 General definitions.
* * * * *
Board means the General Accounting Office Personnel Appeals Board
as established by 31 U.S.C. 751 and explained in 4 CFR 27.1.
* * * * *
Michael Wolf,
Chair, Personnel Appeals Board, U.S. General Accounting Office.
[FR Doc 99-7741 Filed 3-29-99; 8:45 am]
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