---
kind: "section"
citation: "7 C.F.R. § 1212.44"
title: "7"
number: "1212.44"
heading: "Procedure."
url: "https://uscodex.org/cfr/7/1212.44"
---

# §1212.44. Procedure.

- (a) A majority of the Board members will constitute a quorum so long as at least one of the members present is an importer member and one of the members present is a first handler member. An alternate will be counted for the purpose of determining a quorum only if a member from his or her membership class is absent or disqualified from participating. Any Board action will require the concurring votes of a majority of those present and voting; with the exception of the two-thirds vote requirement in [§ 1212.52(f)](/cfr/7/1212.52.md?p=f). All votes at meetings will be cast in person. The Board must give timely notice of all Board and committee meetings to members and alternates.
- (b) The Board may take action by any means of communication when, in the opinion of the Board chairperson, an emergency requires that action must be taken before a meeting can be called. Any action taken under this procedure is valid only if:
  - (1) All members and the Secretary are notified and the members are provided the opportunity to vote;
  - (2) Each proposition is explained accurately, fully, and substantially identically to each member;
  - (3) With the exception of the two-thirds vote requirement in [§ 1212.52(f)](/cfr/7/1212.52.md?p=f), a majority of the members vote in favor of the action; and
  - (4) **All votes are promptly confirmed in writing and recorded in the Board minutes.**

## Notes

### Source

Source: 73 FR 29397, May 21, 2008, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401.

### Source

Source: 73 FR 11472, Mar. 3, 2008, unless otherwise noted.