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

Summary

The Commission can set up 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 technical or other skills the Commission chooses. Boards hold hearings the Commission directs and can make interim or final decisions about issuing, suspending, revoking, or changing licenses or authorizations under the law or the Commission’s rules. Members may be private citizens or staff from the Commission or other federal agencies. Private members get a per diem for each day of meetings or conferences. All members are paid travel and other necessary expenses while working for a board. Additional pay rules apply to private 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