PART 1151—BYLAWS Authority: 29 U.S.C. 792. Source: 63 FR 1924, Jan. 13, 1998, unless otherwise noted. § 1151.1 Establishment. The Architectural and Transportation Barriers Compliance Board was established pursuant to section 502 of the Rehabilitation Act of 1973, as amended. The agency is also known and often referred to as the “Access Board” or simply the “Board.” § 1151.2 Authority. The Board is the governing body of the agency. The Board shall have the authority and responsibilities as set forth in section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792); section 504 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12204); and section 225(e) of the Telecommunications Act of 1996 (47 U.S.C. 255(e)). [63 FR 1924, Jan. 13, 1998, as amended at 87 FR 69169, Nov. 18, 2022] § 1151.3 Membership. (a) Public Members. (2) Members shall be appointed for a term of four years, may be reappointed to one successive term, and thereafter may not be reappointed unless they have not served on the Access board for at least two years prior to their reappointment. Each year, the terms of at least three members of the Board shall expire. A public member may continue to serve following expiration of the member's term if a successor has not been appointed. (b) Federal Members. (1) The Department of health and Human Services; (2) The Department of Transportation; (3) The Department of Housing and Urban Development; (4) The Department of Labor; (5) The Department of the Interior; (6) The Department of Defense; (7) The Department of Justice; (8) The General Services Administration; (9) The Department of Veterans Affairs; (10) The United States Postal Service; (11) The Department of Education; and (12) The Department of Commerce. (c) Designation of Federal Board Members and Liaisons. (2) An individual serving in an acting capacity, or who is otherwise temporarily serving, in a position at Executive Level IV or higher may be designated to serve on the Board, subject to any time limitations under applicable law, or under agency rules, regulations, or policies. (3) Any newly-appointed Federal Board member shall designate in writing a liaison to the Board. A newly appointed Federal Board member may allow an individual previously serving as a liaison to the Board to continue to do so, but must provide a new designation in writing. (4) Written designation of a Federal Board member or liaison may be in any form (including from a verifiable email address) indicating the identity of the person making the designation and that the person is authorized to do so. [87 FR 69169, Nov. 18, 2022] § 1151.4 Officers. (a) Chair; Vice Chair. (2) The Chair and the Vice-Chair of the Board shall be elected by a majority of the membership of the Board (as fixed by statute) and serve for terms of one year. Elections shall be held as soon as possible upon completion of the one year term of the Chair and Vice-Chair, ordinarily at the April meeting of the Board. If no new Chair or Vice-Chair has been elected at the end of the one-year term, the incumbents shall continue to serve in that capacity until a successor Chair or Vice-Chair has been elected. When the Chair is a public member, the Vice-Chair shall be a Federal member; and when the Chair is a Federal member, the Vice-Chair shall be a public member. Upon the expiration of the term as Chair of a Federal member, the subsequent Chair shall be a public member; and vice versa. (b) Executive Director. (c) General Counsel. [87 FR 69170, Nov. 18, 2022] § 1151.5 Delegations. (a) Delegations to the Executive Committee. (b) Other. (c) Redelegation. [63 FR 1924, Jan. 13, 1998. Redesignated and amended at 87 FR 69170, Nov. 18, 2022] § 1151.6 Board meetings. (a) Number. (b) Timing. (c) Manner of conducting meetings. (d) Agenda. (e) Notice. (2) The public shall receive notice of the dates of meetings for the upcoming year at least thirty (30) days prior to the January Board meeting. Notice may be by publication of the schedule of meetings on the agency's website and/or through any other means by which interested members of the public are likely to access it. The notice shall include a statement that the Board will provide reasonable accommodations, absent an undue burden, that will enable members of the public to participate in meetings. (f) Cancellation. (g) Special meetings. (h) Record. (i) Rules for Board meetings. (j) Quorum. (2) Proxies shall not be counted for purposes of establishing a quorum. (3) If a quorum is not present, a meeting shall be held only for the purpose of discussion and no vote may be taken. (k) Voting. (2) Except as otherwise prescribed in the bylaws in this part, a majority vote of the members present and any proxies is necessary for action by the Board. (3) The presiding officer shall have the same right to vote as any other member. (4) Any member may give his or her directed or undirected proxy to any other Board member present at the meeting. Proxies shall be given in writing and submitted to the Chair prior to or at the meeting. A directed proxy shall be voided as to a specific issue if the question on which the vote is eventually taken differs from the question to which the proxy is directed. (5) The Board may act on items of business between meetings by notational voting. At the request of the Chair, the Executive Director shall send a written ballot (which may be in the form of electronic mail) to each Board member describing each item submitted for notational voting. If any Board member requests discussion on an item, the ballots shall not be counted and the Chair shall place the item on the next Board meeting agenda for discussion and voting. Notational votes shall ordinarily occur over a period of five (5) business days, but may be extended, at the Chair's discretion, if, at the conclusion of the voting period, an insufficient number of votes have been cast to approve or disapprove an action. (l) Telecommunications. [87 FR 69170, Nov. 18, 2022] § 1151.7 Committees. (a) Executive Committee Establishment. (i) Review and consider recommendations and proposals from the various subject matter committees; (ii) Review and make recommendations to the Board to amend or approve the Board's bylaws; and (iii) Request and review all committee charters. (2) Chair. (3) Membership. (4) Quorum. (5) Voting. (ii) On matters subject to Board review, liaisons are permitted to vote in the absence of their Federal member. A majority vote of the members (or liaisons) present at the meeting and any directed or undirected proxies is necessary for action by the committee. (iii) On matters of final action, not subject to Board review, a majority vote of the membership of the committee, present at the meeting or by directed proxy, is necessary for action by the committee. In the absence of their Federal member, liaisons are permitted to cast a directed proxy only. (b) Subject matter committees Establishment. (2) Chair. (3) Membership. (4) Quorum. (5) Voting. (c) Special committees. (d) Telecommunications. (e) Charter. (f) Procedure. (g) Records. [63 FR 1924, Jan. 13, 1998, as amended at 71 FR 33254, June 8, 2006. Redesignated and amended at 87 FR 69169, 69171, Nov. 18, 2022] § 1151.8 Amendments to the bylaws. In order to amend the bylaws in this part, a vote of two-thirds of the membership of the Board (as fixed by statute) at the time the vote is taken shall be required. The Board shall not suspend the rules in taking any action concerning adoption, amendment or recision of the bylaws in this part except that by vote of two-thirds of the membership of the Board (as fixed by statute), an item concerning the adoption, amendment or recision of the bylaws in this part may be placed on an agenda for Board consideration at a future meeting. [63 FR 1924, Jan. 13, 1998. Redesignated at 87 FR 69169, Nov. 18, 2022]