---
kind: "section"
citation: "7 C.F.R. § 986.55"
title: "7"
number: "986.55"
heading: "Procedure."
url: "https://uscodex.org/cfr/7/986.55"
---

# §986.55. Procedure.

- (a) The members of the Council shall select a chairman from their membership, and shall select such other officers and adopt such rules for the conduct of Council business as they deem advisable.
- (b) The Council may provide for meetings by telephone, or other means of communication, and any vote cast at such a meeting shall be confirmed promptly in writing. The Council shall give the Secretary the same notice of its meetings as is given to members of the Council.
- (c) **Quorum.** A quorum of the Council shall be any twelve voting Council members. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the Council; Provided, That:
  - (1) Actions of the Council with respect to the following issues shall require a two-thirds (12 members) concurring vote of the Council:
    - (i) Establishment of or changes to by-laws;
    - (ii) Appointment or administrative issues relating to the program's manager or chief executive officer;
    - (iii) Budget;
    - (iv) Assessments;
    - (v) Compliance and audits;
    - (vi) Reestablishment of regions and reapportionment or reallocation of Council membership;
    - (vii) Modifying definitions of grower and sheller;
    - (viii) Research or promotion activities under [§ 986.68](/cfr/7/986.68.md);
    - (ix) Grade, quality and size regulation under § [986.69(a)(1)](/cfr/7/986.69.md?p=a-1) and [(2)](/cfr/7/986.69.md?p=a-2);
    - (x) Pack and container regulation under [§ 986.69(a)(3)](/cfr/7/986.69.md?p=a-3); and,
  - (2) Actions of the Council with respect to the securing of commercial bank loans for the purpose of financing start-up costs of the Council and its activities or securing financial assistance in emergency situations shall require a unanimous vote of all members present at an in-person meeting; Provided, That in the event of an emergency that warrants immediate attention sooner than a face-to-face meeting is possible, a vote for financing may be taken. In such event, the Council's first preference is a videoconference and second preference is phone conference, both followed by written confirmation of the members attending the meeting.

## Notes

### Authority

Authority: 7 U.S.C. 601-674.

### Source

Source: 81 FR 51302, Aug. 4, 2016, unless otherwise noted.