# 5 CFR § 2426.21: Changes when the Authority lacks a quorum

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.21

## Section

- **Citation:** 5 CFR § 2426.21
- **Heading:** Changes when the Authority lacks a quorum
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER XIV—FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL > SUBCHAPTER C—FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY > PART 2426—NATIONAL CONSULTATION RIGHTS AND CONSULTATION RIGHTS ON GOVERNMENT-WIDE RULES OR REGULATIONS > Subpart C—Consultation Rights When the Authority Lacks a Quorum

## Text

(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 XIV.
(b) Instead of § 2426.2(b)(3)(vii), this paragraph (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 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 of this subchapter, and after the close of the hearing, the Regional Director shall issue a Decision and Order in accordance with § 2422.30 of this subchapter.
(c) Instead of § 2426.12(b)(3)(vii), this paragraph (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 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 of this subchapter, and after the close of the hearing, the Regional Director shall issue a Decision and Order in accordance with § 2422.30 of this subchapter.

## Nearby sections

- [5 CFR § 2426.1 § 2426.1 Requesting; granting; criteria.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.1.md)
- [5 CFR § 2426.2 § 2426.2 Requests; petition and procedures for determination of eligibility for national consultation rights.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.2.md)
- [5 CFR § 2426.3 § 2426.3 Obligation to consult.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.3.md)
- [5 CFR § 2426.11 § 2426.11 Requesting; granting; criteria.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.11.md)
- [5 CFR § 2426.12 § 2426.12 Requests; petition and procedures for determination of eligibility for consultation rights on Government-wide rules or regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.12.md)
- [5 CFR § 2426.13 § 2426.13 Obligation to consult.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.13.md)
- [5 CFR § 2426.21 § 2426.21 Changes when the Authority lacks a quorum.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.21.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-2426.21. Check the current official text before relying on it. Not legal advice.