---
kind: "section"
citation: "5 C.F.R. § 2426.21"
title: "5"
number: "2426.21"
heading: "Changes when the Authority lacks a quorum."
url: "https://uscodex.org/cfr/5/2426.21"
---

# §2426.21. Changes when the Authority lacks a quorum.

- (a) **The Authority lacks a quorum when the Authority has one or zero Members.** The provisions of this section apply to proceedings that arise when the Authority lacks a quorum, consistent with section I.C. of appendix B to [5 CFR chapter](/cfr/5.md) XIV.
- (b) Instead of [§ 2426.2(b)(3)(vii)](/cfr/5/2426.2.md?p=b-3-vii), this [paragraph (b)](#b) applies to proceedings that arise when the Authority lacks a quorum. The Regional Director shall make such investigations as the Regional Director deems necessary and thereafter shall issue and serve on the parties a Decision and Order with respect to the eligibility for national consultation rights that shall be final: Provided, however, that an application for review of the Regional Director's Decision and Order may be filed with the Authority in accordance with the procedure set forth in [§ 2422.35](/cfr/5/2422.35.md) of this subchapter. A determination by the Regional Director to issue a Notice of Hearing shall not be subject to the filing of an application for review. The Regional Director, if appropriate, may cause a Notice of Hearing to be issued to all interested parties where substantial factual issues exist warranting a hearing. Hearings shall be conducted by a Hearing Officer in accordance with [§§ 2422.17 through 2422.22](/cfr/5/2422.17..2422.22.md) of this subchapter, and after the close of the hearing, the Regional Director shall issue a Decision and Order in accordance with [§ 2422.30](/cfr/5/2422.30.md) of this subchapter.
- (c) Instead of [§ 2426.12(b)(3)(vii)](/cfr/5/2426.12.md?p=b-3-vii), this [paragraph (c)](#c) applies to proceedings that arise when the Authority lacks a quorum. The Regional Director shall make such investigations as the Regional Director deems necessary and thereafter shall issue and serve on the parties a Decision and Order with respect to the eligibility for consultation rights that shall be final: Provided, however, that an application for review of the Regional Director's Decision and Order may be filed with the Authority in accordance with the procedure set forth in [§ 2422.35](/cfr/5/2422.35.md) of this subchapter. A determination by the Regional Director to issue a Notice of Hearing shall not be subject to the filing of an application for review. The Regional Director, if appropriate, may cause a Notice of Hearing to be issued where substantial factual issues exist warranting a hearing. Hearings shall be conducted by a Hearing Officer in accordance with [§§ 2422.17 through 2422.22](/cfr/5/2422.17..2422.22.md) of this subchapter, and after the close of the hearing, the Regional Director shall issue a Decision and Order in accordance with [§ 2422.30](/cfr/5/2422.30.md) of this subchapter.

## Notes

### Source

Source: 91 FR 13948, Mar. 24, 2026, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 7134.

### Source

Source: 45 FR 3513, Jan. 17, 1980, unless otherwise noted.