cfr_sections
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38 rows where agency = "DOC" and part_number = 1500 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 15:15:4.1.6.9.1.1.38.1 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.0 Purpose. | DOC | [91 FR 9706, Feb. 27, 2026] | The purpose of these regulations is to set out the Department of Commerce's policies and procedures under the Concrete Masonry Products Research, Education, and Promotion Act of 2018. | ||||
| 15:15:4.1.6.9.1.1.38.2 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.1 Definitions. | DOC | [91 FR 9706, Feb. 27, 2026] | (a) Order means this subpart A, Concrete Masonry Products Research, Education, and Promotion Order. (b) Act means the Concrete Masonry Products Research, Education, and Promotion Act of 2018 (15 U.S.C. 8701 et seq.; Pub. L. 115-254, section 1301, 132 Stat. 3469-3485 (2018)), and any amendments thereto. (c) Geographic regions means the groupings of states as delineated in this Order (at § 1500.40(c)), for the purpose of supporting research, education, and promotion plans and projects. | ||||
| 15:15:4.1.6.9.1.1.38.3 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | §§ 1500.2-1500.21 [RESERVED] | DOC | ||||||
| 15:15:4.1.6.9.1.1.39.10 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.46 Compensation and reimbursement. | DOC | (a) Members and any alternates of the Board shall serve without compensation. (b) If approved by the Board, members or alternates shall be reimbursed for reasonable travel expenses, which may include per diem allowance or actual subsistence incurred while away from their homes or regular places of business in the performance of services for the Board. | |||||
| 15:15:4.1.6.9.1.1.39.11 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.47 Powers and duties. | DOC | The Board shall have the following powers and duties: (a) To administer this Order in accordance with its terms and conditions and to collect assessments; (b) To develop and recommend to the Secretary for approval such bylaws as may be necessary for the functioning of the Board; (c) To make such rules as may be necessary to administer this Order, including activities to be carried out under this Order; (d) To meet, organize, and select from among the members of the Board a Chair, Vice Chair, Secretary-Treasurer and other officers, committees, and subcommittees, and to vest in such committees and subcommittees such responsibilities and authorities as the Board determines to be appropriate; (e) To establish regional committees to administer regional initiatives; (f) To recommend to the Secretary modifications to the geographical regions as described in § 1500.40(c); (g) To establish working committees of persons other than Board members; (h) To employ persons, other than the members, as the Board considers necessary to assist the Board in carrying out its duties and to determine the compensation and specify the duties of such persons; (i) To prepare and submit for the approval of the Secretary a budget as described in § 1500.50(a); (j) To borrow funds necessary for the startup expenses of this Order; (k) To develop and carry out generic research, education, and promotion programs and projects relating to concrete masonry products, and to pay the costs of such programs and projects with assessments collected under § 1500.51 and other income of the Board as provided under §§ 1500.50(j) and 1500.62; (l) To enter into contracts or agreements which must be approved by the Secretary before becoming effective, for the development and carrying out of programs or projects of research, education, and promotion relating to concrete masonry products, including with manufacturer associations or other entities as considered appropriate by the Secretary; (m) To develop programs and projects, and enter into contracts … | |||||
| 15:15:4.1.6.9.1.1.39.12 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.48 Prohibited activities. | DOC | (a) The Board shall not engage in any program or project to, nor shall any funds received by the Board under the Act be used to: (1) Influence legislation, elections, or governmental action; (2) Engage in an action that would be a conflict of interest; (3) Engage in advertising that is false or misleading; (4) Engage in any research, education, or promotion that would be disparaging to other construction materials; or (5) Engage in any promotion or project that would benefit any individual manufacturer. (b) Paragraph (a) of this section does not preclude: (1) The development and recommendation of amendments to the Order; (2) The communication to appropriate government officials of information relating to the conduct, implementation, or results of research, education, and promotion activities under the Order except communications described in paragraph (a)(1) of this section; or (3) Any lawful action designed to market concrete masonry products directly to a foreign government or political subdivision of a foreign government. | |||||
| 15:15:4.1.6.9.1.1.39.4 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.40 Establishment and membership. | DOC | (a) The Board is hereby established to carry out a program of generic promotion, research, and education regarding concrete masonry products. The Board shall consist of manufacturers and of not fewer than 15 and not more than 25 members appointed by the Secretary, from nominations submitted as set forth in § 1500.41. No employee of an industry trade organization exempt from tax under paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 representing the concrete masonry industry or related industries shall serve as a member of the Board and no member of the Board may serve concurrently as an officer of the board of directors of a national concrete masonry products industry trade association. (b) The initial Board and all subsequent Boards, unless modified by the Board as provided in paragraph (d) of this section, shall be subject to the following: (1) To ensure fair and equitable representation of the concrete masonry products industry, the composition of the Board shall reflect the geographical distribution of the manufacture of concrete masonry products in the United States, the types of concrete masonry products manufactured, and the range in size of manufacturers in the United States. (2) No company or its affiliates shall have more than two members on the Board. (c) To the extent possible, dependent on the nominees submitted, the Secretary will strive to appoint at least two members from each region. Similarly, the Secretary will strive to appoint at least one member from each of the following districts: (d) Three years after the assessment of concrete masonry units commences pursuant to implementation of this Order, and at the end of each three-year period thereafter, the Board, subject to the review and approval of the Secretary, shall, if warranted, recommend to the Secretary the reapportionment of the Board membership to reflect changes in the geographical distribution of the manufacture of concrete masonry products and the types of concrete masonry products manufactured. Addit… | |||||
| 15:15:4.1.6.9.1.1.39.5 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.41 Nominations and appointments. | DOC | [91 FR 9707, Feb. 27, 2026] | (a) The Secretary shall appoint not fewer than 15 and not more than 25 members to the Board, and alternate members as deemed appropriate. Alternate members participate in meetings but do not vote as members of the Board. The Secretary shall consider nominations submitted from the Board as well as other manufacturers as the Secretary deems appropriate. (b) In the event a voting member vacates their appointment, the Secretary will appoint an alternate member to fill the unexpired term. If the Board fails to submit nominations for any open position, the Secretary shall appoint a member qualifying for the position under criteria set forth in 1500.40. A maximum of two individuals from any single company or its affiliates may serve on the Board at any one time, and current members will not necessarily be replaced with another representative of the same company. | ||||
| 15:15:4.1.6.9.1.1.39.6 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.42 Term of office. | DOC | (a) Board members and any alternates will serve for a term of three years, except for the initial members as described below. Board members and any alternates will be able to serve a maximum of two consecutive three-year terms and may serve additional terms, of up to two consecutive three-year terms, after rotating off the Board. When the Board is first established, the initial members will be assigned initial terms of two, three and four years. Initial terms will be staggered to assure continuity. Each term of office will end on December 31, with new terms of office beginning on January 1. Members serving the initial terms of two and three years will be eligible to serve a second term of three years. (b) Thereafter, each of the positions will carry a full three-year term. Notwithstanding the limitations on consecutive terms, a Board member or alternate Board member may continue to serve until a successor is appointed by the Secretary. | |||||
| 15:15:4.1.6.9.1.1.39.7 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.43 [RESERVED] | DOC | ||||||
| 15:15:4.1.6.9.1.1.39.8 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.44 Disqualification and removal. | DOC | [91 FR 9707, Feb. 27, 2026] | (a) In the event that any Board member or alternate Board member who was appointed as a manufacturer ceases to qualify as a manufacturer, such Board member or alternate Board member shall be disqualified from serving on the Board. (b) [Reserved] (c) All members serve at the pleasure of the Secretary. The Board may recommend to the Secretary that a member be removed from office. | ||||
| 15:15:4.1.6.9.1.1.39.9 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.45 Procedure. | DOC | (a) The Board will meet at least annually. A Board meeting will be conducted only when a quorum is present. A majority of the Board members will constitute a quorum. If participation by telephone or other means is permitted, members participating by such means shall count as present in determining quorum or other voting requirements set forth in this section. (b) At the start of each fiscal period, the Board will select a Chair, Vice- Chair, Secretary-Treasurer and other officers as appropriate who will serve in leadership roles throughout that period. (c) The Board will provide members and manufacturers a minimum of 14 days advance notice of all Board meetings. (d) Each Board member will be entitled to one vote on any matter put to vote, and the motion will carry if supported by one vote more than 50 percent of the total votes represented by the Board members participating, with the exception of the affirmative vote of two-thirds of voting members required to change the assessment rate as specified in § 1500.51(c). (e) The Board may form committees as necessary. Committees may consist of individuals other than Board members. Committee members shall serve without compensation. (f) When the Board Chair determines that a vote outside a convened Board meeting is necessary, such vote may take place via electronic means only if members are given fourteen days prior notice, and if a majority of the voting Board members participate prior to the established deadline. Any action so taken shall have the same force and effect as though such action had been taken at a regularly convened meeting of the Board. (g) All votes shall be recorded in Board minutes. (h) There shall be no voting by proxy. (i) Board members shall each have one vote. Alternate members shall not vote. The Chair and all Board officers shall be elected from voting members of the Board. (j) The organization of the Board and the procedures for the conducting of meetings of the Board shall be in accordance with its bylaws, which shall be established … | |||||
| 15:15:4.1.6.9.1.1.40.13 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.50 Budget and expenses. | DOC | (a) Prior to the beginning of each fiscal year, and during the fiscal year as may be necessary, the Board shall prepare and submit to the Secretary for approval a budget for the fiscal year covering its anticipated expenses and disbursements in administering this Order, including the probable cost of each promotion, research, and education activity proposed to be developed or carried out by the Board and a section that annotates and explains any shortcomings, overruns, and shift of funds from the previous year's budget. Such budget shall be deemed approved if the Secretary fails to approve or reject the budget within 60 days of receipt, unless the Secretary proposes to the Board and to Congress, reasonable justification for the delay and provides a reasonable date by which approval or disapproval will be made. The Department may provide such justification in any written format. (b) In addition to paragraph (a) of this section, each such budget shall include: (1) A statement of objectives and strategy for each program, plan, or project, with a comparative for the preceding year—annotating the success and explaining the shortcomings of the preceding year's programs, plans, and projects (2) A summary of anticipated revenue, with comparative data for at least one preceding year (except for the initial budget); (3) A summary of proposed expenditures for each program, plan or project; and (4) Staff and administrative expense breakdowns, with comparative data for at least one preceding year (except for the initial budget). (c) Each budget shall provide adequate funds to defray its proposed expenditures. (d) Subject to this section, any amendment or addition to an approved budget must be approved by the Secretary, including shifting funds from one program or project to another. A shift of funds from one approved category to another, and not exceeding 10% of the funds in either category, which does not cause an increase in the Board's approved budget and which is consistent with governing bylaws need not have prior… | |||||
| 15:15:4.1.6.9.1.1.40.14 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.51 Assessments. | DOC | (a) The collection of assessments on concrete masonry units will be the responsibility of the manufacturer who sells the concrete masonry units. There shall be an assessment on the first sale of concrete masonry units only and not on subsequent sales of concrete masonry units already assessed. The manufacturer will be required to collect and remit its individual assessments no less than quarterly. Manufacturers shall identify the total amount due in assessments on all sales receipts, invoices or other commercial documents of sale as a result of the sale of concrete masonry units. Within 180 days of their initial meeting, the Board will provide for review and approval by the Secretary a proposed evaluation and compliance program and its plan to evaluate program effectiveness and to verify compliance with the Act. The evaluation and compliance program will provide the method and metrics that will help determine program effectiveness and will outline the way the Board will receive assessments, how they will verify compliance, determine the best method to track sales, and how to document all actions including the process by which the Board will use to ensure it meets or exceeds the legislatively-mandated disbursement of received assessments. (b) Such assessments shall be levied at a rate of $0.01 per concrete masonry unit sold by a manufacturer. The Board may make assessments effective as of the effective date of this Order. Submission of funds may be made to the Board within 60 days of the end of the first quarter after the Board is established; thereafter submission of funds will be to the board within 60 days of the end of each quarter. (c) At any time following the conduct of the initial referendum conducted pursuant to this Order, the assessment rate will be reviewed by the Board and, upon the affirmative vote of two-thirds of voting members of the Board, may be modified; provided that the assessment rate may be raised to a maximum of $0.05 cents per unit, that only one increase may be implemented in any one-y… | |||||
| 15:15:4.1.6.9.1.1.40.15 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.60 Programs and projects. | DOC | (a) The Board shall receive and evaluate, or on its own initiative develop, and submit to the Secretary for approval any program or project authorized under this Order. Such programs or projects shall be consistent with the purpose of the Act ( see 15 U.S.C. 8701) and provide for: (1) The establishment of annual research, education, and promotion objectives and metrics for each fiscal year. Objectives and performance metrics should consider and where possible reflect those listed in 15 U.S.C. 8716 (Study and report by the Government Accounting Office). (2) The establishment, issuance, effectuation and administration of appropriate programs for research, education, and promotion with respect to concrete masonry products; and (3) The establishment and conduct of research with respect to the image, desirability, use, marketability, quality or production of concrete masonry products, to the end that the marketing and use of concrete masonry products may be encouraged, expanded, improved or made more acceptable and to advance the image, desirability or quality of concrete masonry product. (b) No program or project shall be implemented prior to its approval by the Secretary. Once a program or project is so approved, the Board shall take appropriate steps to implement it. If the Secretary fails to approve or reject a contract or agreement for a program or project within 60 days of receipt, the contract or agreement shall be deemed approved, unless the Secretary provides to the Board and to Congress, in writing, reasonable justification for the delay and provides a reasonable date by which approval or disapproval will be made. The Department may provide such justification in any written format. Any such contract or agreement shall provide that: (1) The contractor or agreeing party shall develop and submit to the Board a program or project together with a budget or budgets that specifies the cost to be incurred to carry out the program or project; (2) The contractor or agreeing party shall keep accurate records of … | |||||
| 15:15:4.1.6.9.1.1.40.16 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.61 Independent evaluation. | DOC | The Board shall authorize and fund an independent evaluation of the effectiveness of this Order and other programs conducted by the Board beginning five years after October 5, 2018, and every 3 years thereafter. The Board shall submit to the Secretary, and make available to the public, the results of each periodic independent evaluation conducted under this paragraph. | |||||
| 15:15:4.1.6.9.1.1.40.17 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.62 Patents, copyrights, trademarks, information, publications, and product formulations. | DOC | Ownership and allocation of rights to patents, copyrights, inventions, or publications, developed through the use of non-Federal funds remitted to the Board under the Order shall be determined by written agreement between the Board and the party(ies) receiving funds for the development of such inventions, patents, copyrights or publications. | |||||
| 15:15:4.1.6.9.1.1.41.18 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.70 Reports. | DOC | (a) Each manufacturer subject to this Order may be required to provide to the Board periodically such information as may be required by the Board, with the approval of the Secretary, which may include but not be limited to the following: (1) Number and type of concrete masonry units manufactured; (2) Number and type of concrete masonry units on which an assessment was paid; (3) Name and address of the manufacturer; and (4) Date assessment was paid on each concrete masonry unit sold. (b) All reports required under this section are due to the Board 60 days after the end of each quarter. (c) All reports or information submitted pursuant to this paragraph shall be subject to the confidentiality restrictions in § 1500.72. | |||||
| 15:15:4.1.6.9.1.1.41.19 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.71 Books and records. | DOC | Each manufacturer subject to this Order shall maintain and make available for inspection by the Secretary such books and records as are necessary to carry out the provisions of this Order, including such records as are necessary to verify any reports required. Such records shall be retained for at least 7 years beyond the fiscal period of their applicability. | |||||
| 15:15:4.1.6.9.1.1.41.20 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.72 Confidential treatment. | DOC | (a) Trade secrets and commercial or financial information that is privileged or confidential obtained from books, records, or reports under the Act, this Order shall be kept confidential by all persons, including all employees and former employees of the Board, all officers and employees and former officers and employees of contracting and subcontracting agencies or agreeing parties having access to such information. Such information shall not be available to Board members or manufacturers. Only those persons having a specific need for such information to effectively administer the provisions of this Order shall have access to such information. Such information may be disclosed only if the Secretary considers the information relevant; and the information is revealed in a judicial proceeding or administrative hearing brought at the direction or on the request of the Secretary or to which the Secretary or any officer of the Department is a party. Any officer, employee, or agent of the Department of Commerce or any officer, employee, or agent of the Board who willfully violates this paragraph shall be fined not more than $1,000 and imprisoned for not more than 1 year, or both. Nothing in this section shall be deemed to prohibit: (1) The issuance of general statements based upon the reports of the number of persons subject to this Order or statistical data collected therefrom, which statements do not identify the information furnished by any person; and (2) The publication, by direction of the Secretary, of the name of any person who has been adjudged to have violated this Order, together with a statement of the particular provisions of this Order violated by such person. (b) For any officer, employee, or agent of the Department of Commerce, these provisions are consistent with and do not supersede, conflict with, or otherwise alter any obligations, rights, or liabilities created by existing statute or Executive order relating to classified information, communications to Congress, the reporting to an Inspector Gen… | |||||
| 15:15:4.1.6.9.1.1.42.21 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.80 Right of the Secretary. | DOC | All fiscal matters, programs or projects, rules or regulations, reports, or other actions proposed and prepared by the Board shall be submitted to the Secretary for approval. | |||||
| 15:15:4.1.6.9.1.1.42.22 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.81 Referenda. | DOC | (a) A referendum will be held to determine whether manufacturers favor enactment of this Order. A manufacturer shall be considered eligible to vote if the manufacturer has manufactured concrete masonry products during a period of at least 180 days prior to the first day of the period during which voting in the referendum will occur. For the initial referendum, an eligible person is a manufacturer of concrete units that is subject to the initial rate of assessment in § 1500.51. Each manufacturer eligible to vote in the referendum shall be entitled to one vote. This Order became effective after approval by a majority of manufacturers voting who also represent a majority of the machine cavities in operation of those manufacturers voting in the referendum. (b) After the initial referendum, the Secretary shall conduct a referendum upon the request of the Board, or effective beginning November 30, 2026, and at 5-year intervals thereafter, by petition from not less than 25% of manufacturers eligible to vote. Each manufacturer eligible to vote in subsequent referenda shall be entitled to one vote. The Order will remain in effect if approved by a majority of manufactures voting who also represent a majority of the machine cavities in operation of those manufacturers voting in the referendum. (c) For any new proposed order, voter eligibility will be based on the scope of such proposed order. A future proposed Order becomes effective if approved by a majority of manufacturers voting and any other criteria established by the Secretary based on the scope of such future proposed order. | |||||
| 15:15:4.1.6.9.1.1.42.23 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.82 Suspension or termination. | DOC | (a) The Secretary shall suspend or terminate an order or a provision of an order if the Secretary finds that an order or provision of an order obstructs or does not tend to effectuate the purpose of the Act, or if the Secretary determines that the order or a provision of an order is not favored by a majority of all votes cast in the referendum as provided in § 1500.81. If the Secretary suspends or terminates a provision of an order, the order remains in effect minus the suspended or terminated provision. (b) If, as a result of a referendum conducted under § 1500.81 of this Order, the Secretary determines that the Order is not approved, the Secretary shall: (1) Not later than 180 days after making the determination, suspend or terminate collection of assessments under this Order; and (2) As soon as practical, suspend or terminate activities under this order in an orderly manner. | |||||
| 15:15:4.1.6.9.1.1.42.24 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.83 Effect of termination or amendment. | DOC | Unless otherwise expressly provided by the Secretary, the termination of this Order, or the issuance of any amendment, shall not: (a) Affect or waive any right, duty, obligation or liability which shall have arisen, or which may thereafter arise in connection with any provision of this Order; (b) Release or extinguish any violation of this Order; or (c) Affect or impair any rights or remedies of the United States, or of the Secretary or of any other persons, with respect to any such violation. | |||||
| 15:15:4.1.6.9.1.1.42.25 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.84 Notice and advance registration. | DOC | At least 30 days before a referendum is to be conducted under this Order, the Secretary shall notify all manufacturers of the period during which the referendum will occur through publication in the Federal Register. The notice shall explain any registration and voting procedures. A manufacturer who chooses to vote in any referendum conducted under this Order shall register with the Secretary prior to the voting period. | |||||
| 15:15:4.1.6.9.1.1.42.26 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.85 Personal liability. | DOC | No member or employee of the Board shall be held personally responsible, either individually or jointly with others, when they exercise their discretionary duties of their office, in good faith, while acting within the scope of their authority, to any person for errors in judgment, either of commission or omission, as such member or employee, except for acts of dishonesty or willful misconduct | |||||
| 15:15:4.1.6.9.1.1.42.27 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.86 Separability. | DOC | If any provision of this Order is declared invalid or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of this Order or the applicability thereof to other persons or circumstances shall not be affected thereby. | |||||
| 15:15:4.1.6.9.1.1.42.28 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.87 Amendments. | DOC | The Secretary may, from time to time, amend an Order. Amendments to this Order may be proposed from time to time by the Board or by any interested person affected by the provisions of the Act, including the Secretary. The provisions of the Act applicable to an order shall be applicable to any amendment to this Order. | |||||
| 15:15:4.1.6.9.1.1.42.29 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | A | Subpart A—Concrete Masonry Products Research, Education, and Promotion Order | § 1500.88 OMB control number. | DOC | The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., is OMB control number 0605-0028. | |||||
| 15:15:4.1.6.9.1.2.43.1 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.100 General. | DOC | Agents will conduct a referendum in accordance with this subpart. | |||||
| 15:15:4.1.6.9.1.2.43.2 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.101 Definitions. | DOC | The following definitions apply to this subpart: (a) Agent means the Department of Commerce (Department) employee(s) the Secretary designates to conduct the referendum. (b) Eligible manufacturer means any person who is currently a manufacturer of concrete masonry units and has manufactured a concrete masonry unit within 180 days of the referendum period. (c) Employer Identification Number means the number generally issued to businesses by the U.S. Department of Treasury. An Employer Identification Number (EIN) is also known as a Federal Tax Identification Number and is used to identify a business entity. For more information on EINs and how to apply go to https://www.irs.gov/businesses. (d) Lead Executive means the individual or individuals the Secretary designates to oversee the conduct of the referendum and is a member of the Senior Executive Service. (e) Referendum period means the period of time, not less than 30 days, that the Secretary or his agent determines appropriate for conducting the referendum. (f) Registration means the form and process eligible manufacturers who wish to vote must complete and follow in order to vote. Voters must register by midnight of the day prior to the beginning of the referendum period. | |||||
| 15:15:4.1.6.9.1.2.43.3 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.102 Voting. | DOC | (a) Each eligible manufacturer shall be entitled to cast one vote. (b) The order shall become effective only if the Secretary determines that the order has been approved by a majority of manufacturers voting who also represent a majority of the machine cavities in operation of those manufacturers voting in the referendum. (c) In order to vote, a manufacturer must register by midnight of the day prior to the start of the referendum period. (d) For referendum purposes the Department will use Employer Identification Numbers (EIN) to identify unique manufacturers. (e) An officer or employee of an eligible manufacturer, or an administrator, executor, or trustee of an eligible entity may cast a ballot on behalf of such entity provided that any individual so voting shall certify that such individual is an officer or employee of the eligible entity, or an administrator, executor, or trustee of an eligible entity and that such individual has the authority to take such action. Upon request of an agent, the individual shall submit adequate evidence of such authority. The Secretary does not authorize proxy voting. (f) Voters are to cast ballots by the means specified by the Secretary, such means could include in person, mail-in, fax, via internet link, or through use of voting software. In the case of the initial referendum, the Department will use a combination of mail-in and fax to allow voters to cast ballots. (g) If the Department requests, manufacturers shall provide proof of sales, proof of cavities in operation, or any other such proof the Department deems necessary to establish voting eligibility. Failure to provide the requested proof to the Department will result in ineligibility to participate in the referendum. | |||||
| 15:15:4.1.6.9.1.2.43.4 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.103 Instructions. | DOC | The agent(s) shall conduct the referendum, in the manner provided in this subpart, under the supervision of the Secretary. The Secretary may prescribe additional instructions, consistent with the provisions of this subpart, to govern the procedure to be followed by the agent(s). Such agent(s) shall: (a) Determine the period during which voters may cast ballots; (b) Provide notification to allow interested voters to register in advance of the referendum period. The Department will restrict the information requested to that information needed to ensure eligibility of request or to participate in the referendum. Types of information will include name, contact information (address, phone number, email), status as a manufacturer of concrete masonry units, affirmation of having manufactured concrete masonry units within 180 days prior to the beginning of the referendum period, the number of machine cavities in operation, their Employer Identification Number, and similar identifying information; (c) Provide ballots and related material to voters for use in the referendum. The ballot shall provide for recording essential information, including information needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter. The Department will restrict the information requested to that information needed to determine a voter's eligibility. Information will include the name and address of the manufacturer, status as a manufacturer of concrete masonry units, affirmation that they have manufactured concrete masonry units within 180 days of the beginning of the referendum period, manufacturer Employer Identification Number, the number of machine cavities the manufacturer has in operation, and similar verification information; (d) Give reasonable public notice of the referendum: (1) By using available media or public information sources, without incurring advertising expense, to publicize the dates, method of voting, eligibility requirements, and other pertinent information. Such s… | |||||
| 15:15:4.1.6.9.1.2.43.5 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.104 Agents. | DOC | The Secretary may appoint agent(s) to conduct the referendum. Agent(s) may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions under this subpart. The agent authorizes each individual so appointed to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent. | |||||
| 15:15:4.1.6.9.1.2.43.6 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.105 Ballots. | DOC | (a) The agent(s) shall accept all ballots cast. However, if an agent determines a need for additional review for any reason, the agent shall endorse above the voter's signature on the ballot with a statement to the effect that the ballot needs additional scrutiny. The agent will attach to the ballot information regarding the reasons for additional review, the results of any investigations made with respect to the review, and the final disposition of the review. Agents will not count ballots found to be invalid or late, a non-exhaustive list of examples include: (1) The ballot is blank, missing a vote, has no signature; (2) Both voting boxes are marked in the vote section; (3) The ballot arrives after midnight of the last day of the referendum period; (4) The ballot is in a state that agents cannot determine the vote; or (5) The ballot has a name that is different on the ballot from that of the registered voter, except for votes cast by power of attorney with sufficient documentation to prove such power of attorney. (b) As stated in § 1500.102(e), the Secretary does not authorize proxy voting. However, agents will accept power of attorney votes with proper documentation. | |||||
| 15:15:4.1.6.9.1.2.43.7 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.106 Referendum report. | DOC | Unless otherwise directed, the Lead Executive shall prepare and submit to the Secretary a report on the results of the referendum, the manner in which the agent(s) conducted the referendum, the kind of public notice given, and other information the Lead Executive finds pertinent to the analysis of the referendum and its results. | |||||
| 15:15:4.1.6.9.1.2.43.8 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.107 Confidential information. | DOC | The ballots and other information or reports that reveal, or tend to reveal, the vote of any person covered under the order and the voter list shall be strictly confidential and shall not be disclosed. | |||||
| 15:15:4.1.6.9.1.2.43.9 | 15 | Commerce and Foreign Trade | XV | 1500 | PART 1500—CONCRETE MASONRY RESEARCH, EDUCATION, AND PROMOTION | B | Subpart B—Referendum Procedures | § 1500.108 OMB control number. | DOC | The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq., is OMB control number 0605-0029. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
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section_number TEXT,
section_heading TEXT,
agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);