§2241 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Even if sections 556(b) and 557(b) of title 5 say otherwise, the Commission can create one or more atomic safety and licensing boards. Each board must have three members: one who knows how to run administrative hearings and two with the technical or other skills the Commission needs. Boards hold hearings and can make intermediate or final decisions about issuing, suspending, revoking, or changing licenses or authorizations under this chapter, other laws, or Commission rules. The Commission can give boards other regulatory tasks and keep a panel of people to choose members from. Members can be picked from private citizens or from the Commission’s or another federal agency’s staff. Private citizens get a per diem for each day in meetings or conferences. All members get travel and other necessary expenses while doing board work. Section 2203 of this title applies to private citizens appointed as members.

Title 42, §2241

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding the provisions of section 556(b) and 557(b) of title 5, the Commission is authorized to establish one or more atomic safety and licensing boards, each comprised of three members, one of whom shall be qualified in the conduct of administrative proceedings and two of whom shall have such technical or other qualifications as the Commission deems appropriate to the issues to be decided, to conduct such hearings as the Commission may direct and make such intermediate or final decisions as the Commission may authorize with respect to the granting, suspending, revoking or amending of any license or authorization under the provisions of this chapter, any other provision of law, or any regulation of the Commission issued thereunder. The Commission may delegate to a board such other regulatory functions as the Commission deems appropriate. The Commission may appoint a panel of qualified persons from which board members may be selected.

(b)Board members may be appointed by the Commission from private life, or designated from the staff of the Commission or other Federal agency. Board members appointed from private life shall receive a per diem compensation for each day spent in meetings or conferences, and all members shall receive their necessary traveling or other expenses while engaged in the work of a board. The provisions of section 2203 of this title shall be applicable to board members appointed from private life.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables. Codification In subsec. (a), “section 556(b) and 557(b) of title 5” substituted for “section 7(a) and 8(a) of the Administrative Procedure Act [5 U.S.C. 1006(a), 1007(a)]” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1970—Subsec. (a). Pub. L. 91–560 required that two members of the board should have such technical or other qualifications the Commission deems appropriate to the issues to be decided.

§2241 Atomic safety and licensing boards; establishment; membership; functions; compensation