§ 301.210   Establishment and operation of a Dispute Resolution Board.

   (a) In general. If NTIA receives a written request under § 301.200, it
   shall establish a Dispute Resolution Board in accordance with this
   section.

   (b) Board membership. A board established under this section shall be
   composed of three (3) members, to be appointed as follows:

   (1) A representative of OMB, to be appointed by the Director of OMB;

   (2) A representative of NTIA, to be appointed by the Assistant
   Secretary; and

   (3) A representative of the Commission, to be appointed by the Chairman
   of the Commission.

   (c) Qualifications. The Assistant Secretary, in consultation with the
   Director of OMB and the Chairman of the Commission, may impose
   qualifications for one or more members of a board established under
   this section as are necessary pursuant to section 113(g)(6) of the NTIA
   Organization Act (47 U.S.C. 923(g)(6)), including, but not limited to,
   the following:

   (1) The member has the appropriate and current security clearances to
   enable access to any classified or other sensitive information that may
   be associated with or relevant to the Transition Plan subject to
   dispute;

   (2) The member must be an employee of the appointing agency;

   (3) The member must be from a predetermined slate of not less than
   three (3) qualified candidates from NTIA, OMB, and the Commission and
   able to serve on a board immediately upon the notification of the
   establishment of a board under this section until it rules on the
   dispute that it was established to resolve; and

   (4) The member may not simultaneously be a member of the Technical
   Panel governed by subpart B of this part or a former member of the
   Technical Panel that reviewed the Transition Plan subject to dispute.

   (d) Chair. (1) The representative of OMB shall be the Chair of any
   board established under paragraph (a) of this section.

   (2) The Chair may designate a Vice-Chair who may act as Chair in the
   absence of the Chair.

   (e) Term. The term of a member of a board shall be until such board is
   terminated pursuant to paragraph (j) of this section or until a
   successor or replacement member is appointed under paragraph (b) of
   this section.

   (f) Vacancies. Any vacancy on a board shall be filled in the manner in
   which the original appointment was made under paragraph (b) of this
   section.

   (g) Compensation. (1) No member of a board shall receive any
   compensation for service on such board.

   (2) Compensation in the member's capacity as an employee of the agency
   of the official that appointed such member to a board pursuant to
   paragraph (b) of this section shall not be considered compensation
   under paragraph (g)(1) of this section.

   (h) Procedures of and actions by a board. (1) Except with respect to
   meetings with the parties pursuant to § 301.220(a), a board shall meet
   at the call of the Chair either in person or by some mutually agreeable
   electronic means to deliberate or rule on the dispute that it was
   established to resolve under paragraph (a) of this section or to
   receive technical assistance from the Technical Panel pursuant to
   § 301.130 of this part.

   (2) A board shall endeavour to rule on the dispute that it was
   established to resolve under paragraph (a) of this section unanimously.
   Absent unanimous consent of all three members of a board, a concurring
   vote of a majority of the total board membership constitutes an action
   of such board.

   (3) A majority of board members constitutes a quorum for any purpose.

   (4) The Chair of a board, in consultation with the other members, may
   adopt additional policies and procedures to facilitate the efficient
   and timely resolution of the dispute that it was established to resolve
   under paragraph (a) of this section.

   (i) Administrative support. NTIA shall provide any board established
   pursuant to paragraph (a) of this section with the administrative
   support services necessary to carry out its duties under this subpart.

   (j) Termination of a board. (1) A board established pursuant to
   paragraph (a) of this section shall terminate after it rules on the
   dispute that it was established to resolve and the time for appeal of
   its decision under section 113(i)(7) of the NTIA Organization Act (47
   U.S.C. 923(i)(7)) has expired, unless such an appeal has been taken.

   (2) If such an appeal has been taken, the board shall continue to exist
   until the appeal process has been exhausted and the board has completed
   any action required by a court hearing the appeal.

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