Goto Section: 301.210 | 301.220 | Table of Contents
Revised as of October 1, 2018
Goto Year:2017 |
§ 301.220 Dispute Resolution.
(a) Meeting with parties. In consideration of the proposal set forth in
a request pursuant to either § 301.200(a)(4)(vi) or (b)(3)(vi) of or at
another mutually convenient date, time, and place (including via
teleconference or other electronics means), the Chair of the board
established under this subpart shall call a meeting of the board to be
held simultaneously with representatives of the parties to the dispute
to discuss the dispute.
(b) Additional written submissions. The parties to the dispute shall
provide the board with any additional written materials and documents
as it may request. In cases where the dispute or an element thereof
relates to the impact on the Federal Entity's national security, law
enforcement, or public safety operations or functions, the board may
request, and the Federal entity shall provide, additional written
submissions concerning such impact.
(c) Assistance from Technical Panel. A board established under this
subpart may request technical assistance, as necessary, from the
Technical Panel governed by subpart B of this part.
(d) Deadline for decision. The board shall rule on the dispute not
later than thirty (30) days from the date the request was received by
the NTIA, unless the parties and the board all agree in writing, and
subject to the approval of the Assistant Secretary, to extend this
period for a specified number of days.
(e) Board decision. The decision of a board established under this
(1) Be in writing;
(2) Be limited to determinations related to the execution, timing, or
cost of the Transition Plan submitted by the Federal entity;
(3) Be based only on the record before it, including the request;
meeting(s) with the parties all at the same time; any additional
written submissions requested by the board and served on the other
party, including submissions from the Federal entity concerning the
potential impact on its national security, law enforcement, or public
safety operations or functions; input from the Technical Panel, and
other matters and material for which it may take official notice;
(4) Ensure that the decision does not have a detrimental impact on the
Federal entity's operations or services that have national security,
law enforcement, or public safety functions; and
(5) Be final upon issuance.
(f) Recommendations. A decision of the board may include
recommendations for remedial or other corrective actions to the
appropriate Federal agency with the legal authority to take such
actions based on the board's findings.
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Goto Section: 301.210 | 301.220
Goto Year: 2017 |
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