§ 1200.3 How the Board members make decisions.

(a) The three Board members make decisions in all cases by majority vote except in circumstances described in paragraph (b) of this section or as otherwise provided by law. (b) When there are at least two Board members and, due to a vacancy, recusal or other reasons, the Board members are unable to decide any case by majority vote, the decision, recommendation, or other order under review may be deemed the final decision or order of the Board. The Chairman of the Board may direct the issuance of an order consistent with this paragraph (b). (c) When due to vacancies, recusals, or other reasons, only one Board member is able to act, the Board member may direct the following types of matters to an administrative judge or other official: (1) A party's request to withdraw his/her appeal or petition for review for final disposition; (2) A newly raised claim that was not previously adjudicated in the appeal currently under review for docketing and adjudication; (3) A settlement for possible final disposition, including a determination of whether the parties actually reached a settlement, understood its terms, and agreed whether it is to be enforceable by the Board; or (4) A matter for further development of the record. (d) When due to vacancies, recusals, or other reasons no Board member is able to act, the Clerk of the Board may direct the following types of matters to an administrative judge or other official: (1) A party's request to withdraw his/her appeal or petition for review for final disposition; (2) A newly raised claim that was not previously adjudicated in the appeal currently under review for docketing and adjudication; (3) A settlement for possible final disposition, including a determination of whether the parties actually reached a settlement, understood its terms, and agreed whether it is to be enforceable by the Board; or (4) A matter for further development of the record. (e) Decisions and orders issued pursuant to paragraph (b) of this section shall not be precedential.