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OSHA 1912.11

Ad hoc committee member terms

12 Questions & Answers

Questions & Answers

Under 1912.11, how long does an ad hoc advisory committee member serve?

Members of an ad hoc advisory committee serve for whatever period the Assistant Secretary sets in the notice of appointment. See 1912.11 for the rule that the Assistant Secretary prescribes the term in the appointment notice.

  • The regulation does not set a default term length (for example, a fixed number of years); the length must be stated in the appointment notice.
  • If you need the specific start and end dates for a member, consult that appointment notice.

Under 1912.11, can a member appointed for a fixed term be removed early?

Yes. Appointment for a fixed time does not prevent early removal; the Secretary may remove any member at any time at his or her discretion. This is explicitly stated in 1912.11.

  • A fixed-term appointment does not create an absolute guarantee of continued service through the stated term.
  • Removal decisions are at the Secretary's discretion and need not be tied to cause under this provision.

Under 1912.11, who sets the term in the notice of appointment for an ad hoc committee member?

The Assistant Secretary sets the term in the notice of appointment. The regulation specifies that each member "shall serve for such period as the Assistant Secretary may prescribe in his notice of appointment" 1912.11.

  • That means the Assistant Secretary decides the length when issuing the appointment notice.

Under 1912.11, who has authority to remove an ad hoc advisory committee member before the term ends?

The Secretary has the authority to remove any member at any time in his or her discretion. This removal power is described in 1912.11.

  • Even if the Assistant Secretary prescribed a fixed term, the Secretary may still remove the member early.

Under 1912.11, what happens if a member resigns or is removed before the end of their prescribed term?

If a member resigns or is removed before the term expires, the Secretary of Labor may appoint a new member to serve the remainder of the original member's prescribed period. See 1912.11.

  • The replacement serves only for the remaining portion of the term as set in the original appointment notice.

Under 1912.11, can a replacement appointee start a new full term when filling a vacancy?

No; when filling a vacancy caused by a resignation or removal, the Secretary of Labor may appoint a new member to serve only for the remaining portion of the original member's prescribed period. This is stated in 1912.11.

  • Any change to the overall term length for future appointments would need to be made in a new appointment notice issued by the Assistant Secretary.

Under 1912.11, does the regulation require public notice of the term length when appointing an ad hoc committee member?

The regulation requires that the Assistant Secretary prescribe the term in the notice of appointment, but it does not specify the format or whether that notice must be public. The basic rule is in 1912.11.

  • If transparency or public notice is required, that would be determined by the appointment process or other applicable statutes or agency procedures, not this specific paragraph.

Under 1912.11, who is responsible for issuing the appointment notice that prescribes a member's term?

The Assistant Secretary is responsible for issuing the appointment notice that prescribes a member's term. This requirement is stated in 1912.11.

  • The appointment notice is the official document that defines how long the member will serve.

Under 1912.11, if an ad hoc committee member's term is not specified in writing, is the appointment still valid?

The regulation says each member "shall serve for such period as the Assistant Secretary may prescribe in his notice of appointment," which implies the term should be stated in the appointment notice. See 1912.11.

  • Practically, an appointment without a prescribed term in the notice could create uncertainty; agencies typically document appointment terms to comply with the plain language of this provision.

Under 1912.11, does the regulation limit how many times a member may be reappointed to ad hoc advisory committees?

No. 1912.11 does not set any limits on reappointment frequency; it only states that the Assistant Secretary prescribes the period of service in the appointment notice and that the Secretary may remove members. See 1912.11.

  • Any policy on reappointments would come from agency practice or other rules, not this paragraph.

Under 1912.11, can the Assistant Secretary change a member's prescribed term after issuing the appointment notice?

The regulation gives the Assistant Secretary the authority to prescribe the term in the notice of appointment but does not expressly describe changing that term after issuance. See 1912.11.

  • In practice, changing a prescribed term after appointment would likely require issuing a new notice or documentation; because the Secretary also retains removal authority, adjustments could be handled by removal and reappointment if necessary.

Under 1912.11, does the Secretary of Labor have appointment authority for replacements, and how does that interact with the Assistant Secretary's role?

Yes. If a member resigns or is removed before the term expires, the Secretary of Labor may appoint a new member to serve the remainder of the original term, while the Assistant Secretary prescribes terms in the initial appointment notice. Both authorities are described in 1912.11.

  • The Assistant Secretary sets terms when issuing appointment notices.
  • The Secretary of Labor retains authority to remove members and to appoint replacements to finish unexpired terms.