§10343. Powers
(a) When conducting a proceeding involving a matter referred under section 10341 of this title, a joint board may make an initial decision under section 10322 of this title. Subchapter II of this chapter applies to an initial decision of a joint board. However, a joint board may report to the Interstate Commerce Commission its conclusions on evidence received without making an initial decision. When a joint board makes a report instead of an initial decision, the Commission 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 that board;
(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 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10343(a) | 49:305(a) (less 1st–3d sentences). | Feb. 4, 1887, ch. 104, |
| 10343(b) | 49:305(b) (7th sentence). | Feb. 4, 1887, ch. 104, |
| 10343(c) | 49:305(b) (9th sentence). | |
| 10343(d) | 49:305(b) (8th sentence). |
In subsection (a), the words "may make an initial decision under section 10322 of this title. Subchapter II of this chapter applies to an initial decision of a joint board" are substituted for "shall be vested with the same rights, duties, powers, and jurisdiction as are hereinbefore vested in members or examiners of the Commission to whom a matter is referred for hearing and the recommendation of an appropriate order thereon" and for 49:305(a) (5th sentence) for consistency in view of the restatement of 49:17 as made applicable to 49: ch. 8, by 49:305(h). The word "However" is substituted for "Provided, however, That" for clarity. The words "in its discretion" are omitted as surplus. The words "if any" are omitted as surplus. The words "may consider the conclusions . . . in making its decision" are substituted for "giving such weight to such conclusions as in its judgment the evidence may justify" for clarity.
In subsection (b), the word "However" is substituted for "Provided, however, That" for clarity. The word "proceeding" is substituted for "hearing" for clarity in view of subchapter II of chapter 103 of the revised title and subchapter II of chapter 5 of title 5. The words "shall constitute a quorum" are omitted as unnecessary in view of the restatement.
In subsection (c), the words "the State . . . waives its right to act in that proceeding" are substituted for "shall be considered to constitute, as to the matter referred, a waiver of action on the part of the State" for clarity. The words "if any" are omitted as surplus.
In subsection (d), the words "the Commission shall decide . . . when" are substituted for "then such matter shall be decided as in the case of any matter not required to be referred to a joint board" for clarity. The word "authority" is substituted for "governmental entity" for consistency.