63 STAT.] 81ST CONG. , 1 ST SESS.-CH. 361-JULY 26, 1949 [CHAPTER 361] AN ACT To amend sectjn 205 of the Interstate Commerce Act, relating to joint boards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b) of section 205 of the Interstate Commerce Act is hereby amended to read as follows: "(b) Whenever there arises in the administration of this part any matter that the Commission is required to refer to a joint board, or that the Commission determines, in its discretion, to refer to a joint board, the Commission shall, if no joint board eligible to consider said matter is in existence, create a joint board to consider the matter when referred, and to recommend appropriate order thereon. The Com- mission shall prescribe rules governing meetings and procedure of joint boards and may, in the event of legal proceedings preventing reference to a joint board, determine the matter as provided in section 17. Except as hereinafter provided, a joint board shall consist of a member from each State in which the motor carrier or brokerage oper- ations involved are or are proposed to be conducted. The member from any such State shall be nominated by the board of such State from its own membership or otherwise; or if there is no board in such State or if the board of such State fails to make a nomination when requested by the Commission, then the Governor of such State may nominate such member. The Commission is authorized to appoint as a member upon the joint board any such nominee approved by it. If both the board and the Governor of any State shall fail to nominate a joint board member when requested, then the joint board shall be constituted without a member from such State, if members for two or more States shall have been nominated and approved by the Com- mission. All decisions and recommendations by joint boards shall be by majority vote: Provided, however, That in any matter where only one member shall participate in a hearing such member shall consti- tute a quorum and make recommendation of an order thereon. If the board of each State from which a member of a joint board is entitled to be appointed shall waive action on any matter referred to such joint board, or if any joint board fails or refuses to act, or is unable to agree upon any matter submitted to it within forty-five days after the matter is referred to it or such other period as the Commis- sion may authorize, or if a member shall not be nominated for more than one State (except only when the operations proposed shall be into or through territory foreign to the United States), then such matter shall be decided as in the case of any matter not required to be referred to a joint board. The failure of a duly appointed member of a joint board to participate in any hearing on a matter referred to such joint board, after notice thereof, shal be considered to con- stitute, as to the matter referred, a waiver of action on the part of the State from which such member was appointed, but shall not affect the duty and power of the remaining members or member of said joint board, if any, to proceed with said hearing, to consider such matter, and to make recommendation of an order thereon. When any pro- ceeding required to be referred to a joint board shall involve opera- tions of a motor carrier conducted or proposed to be conducted into or through territory foreign to the United States, if a single State shall be involved, or if only one State shall make nomination of a joint board member through its Governor or State board, then the Com- mission, in such case, may receive from that State the nomination of 479- July 26, 1949 [8. 255] [Public Law 185] Interstate Com- merce Act, amend- ment. 49 Stat. 548. 49U.S.C.305(b); Supp. II, § 305 note. Joint boards. 24 Stat. 385. 49U.S.C.§17. Members. Quorum. Waiver of action.
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