CFTC decision-making on critical matters such as budgets and enforcement actions may be hindered if only two commissioners remain and cannot reach consensus
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However, federal open-meeting laws make it more difficult for the two remaining members to meet one on one to discuss commission business outside of official meetings. While agency operations such as market surveillance aren’t affected by a two-person commission, matters that require a vote — such as approving an agency budget or enforcement actions — could be stymied if the two remaining members can’t come to agreement, Davis said.
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