(2) A majority of the board’s members shall constitute a quorum to transact the board’s business. No vacancy shall impair the right of the remaining members to exercise all the powers of the board.
(3)(a) In exercise of authority to decide individual cases, members of the board may sit together or in panels.
(b) When sitting en banc, the concurrence of a majority of the members participating is necessary for a decision.
(c) A panel must consist of two members with different backgrounds and understanding. One of the members of a panel may be the board member that represents the interests of the public if either a member with background and understanding as to the concerns of employers or a member with background and understanding as to the concerns of employees is unavailable. If the members of a panel cannot agree on a decision in an individual case, the case shall be decided by a panel of three members, two of whom have different backgrounds and understanding and one who represents the interests of the public.
(d) A board member may not review any case in which the member acted as an Administrative Law Judge in the case. [Formerly 656.414; 1967 c.2 §4; 1993 c.462 §2; 1999 c.876 §6; 2003 c.365 §1]