Excerpts from the Organization Minutes of the Interstate Commerce Commission Relating to the Responsibilities of its Divisions, the Chairman, the Vice Chairman, Individual Commissioners and Employee Boards Item 2.1 DIVISIONS OF THE COMMISSION 2.1 There shall be three divisions of the Commission to be know respectively, as divisions one, two, and three. 2. 2 As provided by section 17 of the Interstate Commerce Act, as amended, each division shall have authority to hear and determine, order certify, or report or otherwise act as to any work, business or functions assigned or referred to it under the provisions of that section, and with respect thereto shall have all the jurisdiction and powers conferred by law upon the Commission, and be subject to the same duties and obligations. 2. 3 Each division with regard to any case or matter assigned to it, or any question brought to it under this delegation of duty and authority, may call upon the entire Commission for advice and counsel, or for consideration of any case or question by an additional Commissioner or Commissioners assigned thereto; and the Commission may recall and bring before it as such any case, matter or question so allotted or assigned and may either dispose of such case matter, or question itself or may assign or refer the matter to the same or another division. 2.4 From such assignment of work there shall be reserved for consideration and disposition by the Commission (1) all investigations on the Commission's own motion heretofore entered upon and hereafter instituted except as may be otherwise provided, and (2) all applications for rehearing. reargument or other reconsideration and all cases before the Commission for reconsideration, except as hereinafter otherwise provided; and there shall also be excepted from this assignment of work all cases submitted to the Commission and specifically referred to a division, the various cases enumerated in any previous order of the Commission as reserved for consideration and disposition by the Commission, and all cases otherwise specifically assigned. The Commission reserved to itself the determination (1) as to the disposition of any Commission proceedings subsequent to an adverse decision of a court and (2) as to the filing and general content of a memorandum or brief filed on behalf of the Commission as amicus curiae in any cour" 2.5 When a Commissioner is transferred from a division he shall continue to serve as a member of such division in lieu of his successor for the purpose of clearing up accumulated work which shall be limited to the disposition of Item 3.2 (a) cases submitted on oral argument prior thereto, and still pending for decision, cases in which drafts of final reports or orders have been circulated, and other matters requiring official action which are under active consideration at the time of the transfer. remain 2.6 Divisions as constituted prior to March 7, 1961, shall existence for the purpose of disposing of matters circulated to them, or which have been the subject of oral argument, before that date. TERMS, DUTIES, AND RESPONSIBILITIES OF THE CHAIRMAN, 3.1 The Chairman and Vice-Chairman each shall be elected by the Commission for a term of one calendar year. Prior to election the Chairman must have served three full years as a member of the Commission and the Vice-Chairman must have served two full years as a member of the Commission. Each shall be relieved during his term of any regular assignment as a member of a division. In the absence of the Chairman, his duties and responsibilities are delegated to the Vice-Chairman, who shall be Acting Chairman. In the absence of the Vice-Chairman, and the Chairman is present, the duties and responsibilities of the Vice-Chairman are delegated to the Chairman. In the absence of both the Chairman and Vice-Chairman, their respective duties and responsibilities are delegated to the senior Commissioner present, who shall be Acting Chairman. In addition to his duties as indicated under "Assignment of Duties to Individual Commissioners" and "Reporting of Heads of Bureau and Offices," the Vice-Chairman may act as a member of any division of the Commission, when designated by the Chairman, when a member is unable to serve because of absence or other cause. Duties and responsibilities of the Chairman, Vice-Chairman and the senior Commissioner present are in addition to any other duties that may be assigned or delegated to them. The following duties and responsibilities are delegated to the Chairman: 3.2(a) He shall be the executive head of the Commission with general responsibility for (1) the over-all management and functioning of the Commission, (2) the formulation of (continued) Item 3.2 (b) plans and policies designated to increase the effectiveness of the Commission in the administration of the Interstate Commerce Act and related acts, (3) prompt identification and early resolution, at the appropriate level, of major substantive regulatory problems, and (4) the development and improvement of staff support to carry out the duties and functions of the Commission. (b) Subject to the provisions of paragraph (c) of this item, there are hereby delegated to the Chairman of the Commission the executive and administrative functions of the Commission with respect to: (1) the appointment, supervision, and removal of personnel employed under the Commission, except those in the immediate offices of Commissioners other than the Chairman, subject to Civil Service rules and regulations, (2) the distribution of business among such personnel and among administrative units of the Commission, (3) the use and expenditure of funds, and (4) civil defense and defense mobilization functions transferred, delegated, or assigned to the Commission, including the functions delegated, within the meaning of §201(a)(3) of Executive Order 10480 of August 14, 1953, as amended, to "the Commissioner of the Interstate Commerce Commission who is responsible for the supervision of the bureau which administers the carservice functions of the Commission." Existing delegations of executive or administrative functions of the divisions, individual Commissioners, boards of employees or individual employees shall remain in effect until the further order of the Chairman. ( In carrying out any of his functions the Chairman shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads of offices bureaus the Congressional Liaison Officer, and the Legislative Counsel of the Commission shall be subject to the approval of the Commission. 3.3 He shall preside at all sessions of the Commission, and shall see that every vote and official act of the Commission required by law to be recorded is accurately and promptly recorded by the Secretary or the person designated by the Commission for such purpose. 3.4 Except regular sessions, which shall be provided for by general regulation of the Commission, he shall call the Commission into special session whenever in nis opinion any matter or business of the Commission so requires, but he shall, in any event, call a special session for the consideration of any matter or business upon request of a majority of the members. 3.5 He shall exercise general control over the Commission's argument calendar and conference agenda. 3.6 He shall act as correspondent and spokesman for the Commission in all matters where an official expression of the Commission is required. 3.7 He shall (a) bring to the attention of any Commissioner, division, or board any delay or failure in the work under his or its supervision, and (b) initiate ways and means of correcting or preventing avoidable delays in the performance of any work or the disposition of any official matter. 3.8 He shall be ex officio Chairman of the Committee on Legislation and of the Committee on Rules. He Shall appoint a standing Committee and may appoint such ad hoc committees on Policy and Planning as he may deem necessary to aid him in discharging his responsibilities under Item 3.2(a)(2) of these minutes. 3.9 He may designate a Commissioner to fill a vacancy on any Committee until the Commission otherwise orders. 3.10 Pursuant to the general objectives and broad policies, or to specific instructions of the Commission, he shall supervise, guide and direct the Managing Director, the Secretary, and the General Counsel in the performance of their duties. 3.11 In accordance with Section 1003(a) of the Federal Aviation Act of 1958, he is directed, when the occasion arises, in conjunction with corresponding action by the Chairman of the Civil Aeronautics Board, to designate a like number of Commissioners to function as members of a joint board to consider and pass upon matters referred to it as provided under subsection (c) of such section. 3.12 The Chairman, upon joint request of the Chairmen of two Divisions, is authorized to reassign interrelated proceedings to a single Division or Board of Employees to facilitate concurrent handling and disposition of the proceedings. 3.13 The Chairman may from time to time make such provisions (consistent with the delegation limitations of section 17 (2) as he shall deem appropriate authorizing the performance by any Commissioner or by any officer, employee or administrative unit under his jurisdiction of any function delegated to the Chairman. |