ASCE Rules for Standards Committees

Approved by CSAC: June 20, 2002

Submitted to TAC for Approval on July 21, 2002

Approved by TAC: January 30, 2003

1. SCOPE

These rules govern the organization and operation of the standards committees of the American Society of Civil Engineers (ASCE), the standards councils or divisions executive committees (hereinafter referred to as the standards councils executive committees), and the Codes and Standards Activities Committee (CSAC). Matters not covered in these rules shall be referred to CSAC for interpretation.

Revisions to these rules may be proposed in writing to CSAC by anyone at any time. Revisions recommended by CSAC shall be submitted to the ASCE Board of Direction's Technical Activities Committee (TAC) for approval. All proponents of proposed revisions shall be notified in writing by CSAC of actions taken.

2. ORGANIZATION

2.1 ESTABLISHMENT OF A STANDARDIZATION ACTIVITY

2.1.1    Any person, organization, or existing committee may request CSAC to establish a standardization activity. ASCE will undertake only those standardization activities that are of substantial public benefit, consistent with ASCE goals, and feasible within the resources available to ASCE.

2.1.2    A proposal to establish a standardization activity shall:

- Cite the objective of the standard,

- Cite the anticipated benefits to the public of the proposed standardization activity,

- Provide a rationale for ASCE undertaking the activity,

- Identify potential members of the standards committee,

- Identify a core user group of the proposed standard,

- Identify existing standards related to the topic area including ISO or IEC standards,

- Include a tentative schedule for producing the standard,

- Provide an estimate of the committee costs to ASCE.

Copies of the proposal shall be provided to the appropriate standards council executive committees, technical division executive committees, and technical council executive committees for their review and recommendation to CSAC at least 45 days prior to CSAC consideration of approval of the proposal. Copies of the transmittal letter to the standards councils, technical divisions and technical councils shall be attached to the proposal submitted to CSAC.

2.1.3   Upon CSAC recommendation of a new standardization activity, the proposal for the activity shall by submitted to TAC for the appropriate Institute's Board for its approval.

2.1.4   If an approved standardization activity does not fit within the existing scope of an existing committee, the scope of an existing committee may be changed to include the new standardization activity, or a new committee shall be established by CSAC within an appropriate discipline-specific standards council or CSAC shall directly supervise the new committee if a discipline-specific standards council does not exist.

2.1.5   When a new standardization activity is approved it shall be announced as covered in 3.2.1. Also, the executive committees of all technical divisions and councils of ASCE and the Boards of all Institutes shall be informed by mail of the activity so that interested parties have an opportunity to participate.

2.1.6    f at any point during the process to establish a new standards activity written notification is received asserting that a proposed standard duplicates or conflicts with an existing standard or a candidate standard being developed by an ANSI-accredited standards developing organization, a meeting of representatives from the relevant stakeholder groups shall be held prior to the approval of the new standards activity. Such a deliberation shall be organized by ASCE and the commenter. If the deliberation does not take place within 90-days after receipt of notification and it can be demonstrated to CSAC that a good faith effort has been made to schedule otherwise organize the deliberations, then CSAC can waive this requirement. The purpose of the deliberation is to provide the relevant stakeholders with an opportunity to discuss whether there is a compelling need for the proposed standard. The outcome of the deliberations shall be recorded and retained as part of the records of the standards activity and forwarded to CSAC for action.

2.2 SCOPE OF STANDARDIZATION ACTIVITIES

The scope statement for the standardization activity shall be drafted by the standards committee, consistent with the approved proposal, and approved by the standards council executive committee. The scope shall consist of concise statements of the proposed contents and anticipated application of the standard. Duplication of other national standardization activities shall be avoided unless justification is provided. Changes to the scope shall be approved by the standards council executive committee or CSAC if a discipline-specific standards council does not exist.

2.3 USE OF METRIC (SI) AND CUSTOMARY UNITS

Dimensions and quantities shall be expressed in SI units, in SI units followed by conversion to inch-pound units in parentheses, or in inch-pound units followed by conversion to SI units in parentheses, whichever appears to the committee to be in the best interests of the users of the standard. The conversion of all formulas, equations and tables in the other units may be placed in an appendix to the standard instead of being included in parentheses in the body of the standard. No conversion is required if a standard is published in two separate versions - the SI or the metric version and the inch-pound version. Each scope statement shall include the committee's intention relative to the use of SI. ASCE Policy Statement 119 shall be the basis for the use of SI units in ASCE standards.

2.4 MEMBERSHIP

2.4.1 The term "member" denotes a voting member of the standards committee, including both ASCE and non-ASCE members. Participation on ASCE standards committees shall be open to all persons who might reasonably be expected to be, or who indicate they are, directly or indirectly affected by the activity without dominance by any single interest category defined in 2.4.2. An individual seeking committee membership shall submit to the. ASCE staff, Director of Codes and Standards, an application on a prescribed form upon which the applicant shall identify his/her membership category. The application shall also include a brief resume and a statement that shall describe the applicant's interest in and commitment to participation in the work of the committee. The committee chair shall act to accept or reject the application. The chair's action shall be forwarded to the applicant in writing and reported to the standards committee at its next meeting or as a minimum, annually. If denied membership, the applicant may request a vote of the full committee. A majority vote of those voting yes or no is required to overturn the chair’s action. If the full committee votes to deny the membership, the applicant may appeal the decision to the standards council executive committee per section 4.4. Persons shall not be admitted to committee membership during the balloting process unless approved by the committee's standards council executive committee and except as noted in 2.4.4.

2.4.2 Standards committee membership shall be balanced.

2.4.2.1 The categories of members (see NOTE 1) used for consideration of balance shall be as follows:

(1) Producers of the process or product to be standardized.

(2) Consumers of the process or product to be standardized.

(3) General interest members who represent concerns of the general public for the product or the process to be standardized.

NOTE 1: Examples of Category of Members. Producers would include representatives of manufacturers, distributors, developers, contractors and subcontractors, construction labor organizations, associations of these groups and professional consultants to these groups. Consumers would include representatives of owners, owners' organizations, designers and consultants retained by owners, testing laboratories retained by owners, and insurance companies serving owners. General Interest members would include researchers from private, state, and federal organizations; representatives of public interest groups; representatives of consumer organizations; and representatives of standards and model code organizations. Regulators may form a special subclass of the General Interest category when the standard is intended for regulatory purposes. Regulators would include representatives of regulatory organizations at local, state, or federal levels of government.

Final determination of category of a member shall be made by the standards committee chair with advice from ASCE staff and, if the chair so requests, by the standards committee. Members in disagreement with their assigned category may appeal to the standards council executive committee per 4.4. The decision by the standards council executive committee shall be final.

Individuals in professional practice serving clients drawn from more than one of the categories cited and not serving as an instructed representative of a producer, consumer, or general interest organization shall be classified by the first substantial personal interest (e.g., major source of income) encountered in the order: Producer, Consumer, and General Interest.

2.4.2.2 The minimum size for a standards committee shall be 12 persons.

2.4.2.3 The following criteria shall apply for balance:

(1) Producers: 20 to 40 percent

(2) Consumers: 20 to 40 percent

(3) General Interest: 20 to 40 percent. For standards of regulatory interest there shall be 5 to 15 percent of the total membership which is a subclass of general interest representing regulatory organizations.

Standards Committee membership for any above member category shall be well distributed among any interests or organizations that constitute that category. Well distributed means that no organization shall have membership on the standards committee of more than one person unless approved by the standards council executive committee. In the case of large standards committees (defined as having 50 or more members), well distributed means that no organization shall have membership on the standards committee of more than two people unless approved by the standards council executive committee.

2.4.3 ASCE staff shall prepare and maintain a membership roster, in cooperation with the standards committee chair, with documentation of the category of each committee member, and demonstration of the achievement of balance. The committee roster shall be submitted for approval at least annually to the standards council executive committee.

2.4.4 Membership on a standards committee may be terminated for cause upon recommendation by 2/3 vote of the committee and approval by 2/3 vote of the standards council executive committee. Membership on a standards committee is automatically terminated for inactivity. A member is considered inactive if the member fails to vote on two consecutive committee ballots.

The chair of the standards committee may terminate a member if the member abstains on a majority of the items contained within each of two consecutive committee ballots.

Members terminated for inactivity may be reinstated upon written request giving explanation for the inactivity satisfactory to the committee chair within a period of 30 days after a notification of termination is issued.

2.4.5 Subcommittees, or ad hoc working groups of a standards committee may be established by the standards committee. Membership may include persons who are neither ASCE members nor members of the committee. Balance is not required for the membership of subcommittees or ad hoc working groups.

2.4.6 Any entity within ASCE or its Institutes may recommend members for standards committees and for their subcommittees, and working groups. The membership applications of individuals who are recommended shall be processed in accordance with the provisions of 2.4.

2.5 OFFICERS OF STANDARDS COMMITTEES

2.5.1 The Chair and Vice Chair shall be members of ASCE or of an Institute. The Chair shall be appointed by majority vote of the standards council executive committee. The Vice Chair and the Secretary shall be appointed by the Chair of the standards committee and confirmed by a majority vote of standards committee members present at a duly constituted meeting. The terms of office shall be four years and reappointment is permitted.

2.5.2 Subcommittee and ad hoc working group chairs shall be appointed and serve at the discretion of by the chair of the standards committee and confirmed by a majority of those members of the standards committee voting at a duly constituted meeting.

2.5.3 Officers of standards committees may be removed by the standards council executive committee by a two-thirds vote.

2.6 JOINT SPONSORSHIP

2.6.1 ASCE standards committees may be jointly sponsored by ASCE technical divisions, other technical councils of ASCE, Institutes of ASCE, and by other organizations.

2.6.2 These rules for ASCE standards committees apply to all activities of standards committees sponsored or cosponsored by ASCE unless excepted by the provisions of 2.6.3..

2.6.3 Where the cosponsor has its own rules and a conflict exists, any deviation from these rules shall have CSAC approval.

2.7 TERMINATION

A standards activity or committee may be dissolved and/or reconstituted by 2/3 vote of MGF CSAC. However, a standards committee that is responsible for a published ASCE standard shall not be terminated unless the standard is withdrawn.

3. OPERATIONS

3.1 COMMITTEE ADMINISTRATION

3.1.1 Staff Responsibilities. ASCE staff shall administer these Rules for the standards committees, the standards councils executive committees and CSAC. A copy of all correspondence shall be forwarded to ASCE staff. A staff representative shall be appointed to each standards committee to perform the following functions:

(1) Assure that the committee is in compliance with these rules.

(2) Assure compliance with the ASCE and ANSI style manuals.

(3) Keep the officers of the committee informed of approved changes in committee membership.

(4) Assist officers of the committee with scheduling of meeting dates and places and with notification (2.1.5, 3.2.1, and 3.3.2).

(5) Distribute all meeting notices on behalf of the committee.

(6) Distribute all letter ballots, receive and record all completed ballots, advise the committee of the results of the ballot, and forward negative ballots to the committee for resolution. Where possible, staff shall attend meetings and may serve as secretary without vote.

(7) Maintain the rosters of the standards committees. The name, affiliation, and membership category of any member of a standards committee shall be provided to any interested party upon request. A standards committee may authorize by vote of the distribution of its complete membership roster including contact information.

3.1.2 Budgets. The committee officers shall be responsible for the preparation of proposed budgets for standards committees, and executive committees to cover expenses for committee operations including:

(1) Meeting expenses

(2) Travel

(3) Expenses for telephone calls and mailings, etc.

Proposed budgets shall be submitted to the appropriate entity within ASCE or its Institutes as requested.

3.1.3 Reports. Each standards committee chair shall submit reports as required by its standards council executive committee.

3.2 STANDARDS DEVELOPMENT

3.2.1 Notifications

3.2.1.1 When TAC or the appropriate Institute Board approves the development of a standard or the undertaking of a standardization activity, the ASCE staff representative shall take steps to notify all interested parties of the proposed project. Notification shall include, but not be limited to, such of the following as may be appropriate under the circumstances:

(1) Publication in CIVIL ENGINEERING magazine.

(2) Publication in ASCE NEWS.

(3) Publication in technical journals or other special publications relating to the particular standards subject.

(4) Notification to ASCE Sections and Branches.

(5) Notification to consumer groups and other public interest organizations.

(6) Notification to ASCE technical divisions, councils, and institutes.

(7) Notification to other engineering societies and technical organizations.

(8) Notification to American National Standards Institute (PINS form).

3.2.1.2 Standards committees are encouraged to keep the Society informed of their progress by articles in ASCE NEWS, CIVIL ENGINEERING, and sessions at national ASCE and institute conferences and conventions.

3.2.1.3 For the purpose of meeting the requirements contained herein for written communication with or notification of the members of a standards committee, the minutes of a duly called meeting of a standards committee constitute one example of such notification.

3.2.2 Conflicts with Other Standards. Standards committees shall make every effort to avoid conflicts with other standards of ASCE or other ANSI accredited standards writing organizations. When conflicts are identified, the standards committee shall make every effort to reconcile them by working with the other committee or group. CSAC shall adjudicate all unresolved conflicts in accordance with 4.4.4.

3.2.3 Standards Format and Style. ASCE shall follow latest editions of its ASCE Form and Style Manual for ASCE Standards, the Style Manual for Preparation of Proposed American National Standards published by the American National Standards Institute and the Authors' Guide to the Publications of ASCE.

3.2.4 International Standards. Standards committees should take relevant ISO or IEC standards into consideration and should, if appropriate, base their standards on or consider the adoption of an ISO or IEC standard as an ASCE standard. Technical Activity Groups (TAGs) exist for most standards projects for which the United States has evidenced substantial interest. These groups may be contacted for information and advice through their TAG Administrators or Technical Advisors (as relevant), who are on record at ANSI headquarters.

3.2.5 Provisions involving business relations between buyer and seller such as guarantees, warranties, assignment of responsibility of work, and other commercial terms and conditions shall not be included in a standard or its commentary. It is not acceptable to include proper names or trademarks of specific companies or organizations, acceptable manufacturer lists, service provider lists, or similar material in the text of a standard or its commentary. Where a sole source exists for essential equipment, materials or services necessary to determine compliance with the standard, it is permissible to supply the name and address of the source in a footnote or commentary as long as the words “or the equivalent” are added to the reference. In connection with standards that relate to the determination of whether products or services conform to one or more standards, the process or criteria to determine conformity can be standardized as long as the description of the process or criteria is limited to technical and engineering concerns and does not include what would otherwise be a commercial term or proper name.

3.3 COMMITTEE MEETINGS

3.3.1 Frequency and Locations of Meetings. The frequency of meetings shall be determined by the current activities of the committee, and its operating needs and budget. Effort should be made to hold meetings at places convenient to members. During the At the close of each meeting, the committee shall establish the time and place of the next meeting. The chair of the standards committee may call a meeting at a time and place deemed suitable by the officers of the committee if a meeting is required other than that called during the previous meeting. The chair shall be required to call a meeting of the committee on written request of five members.

3.3.2 Notification. A minimum of thirty (30) days notice shall be given to committee members for a meeting. An agenda shall accompany notification of meetings. A notice of a committee meeting shall be published thirty (30) days in advance before the meeting. Publication of the notice in ASCE News shall be a minimum requirement. Exceptions to these requirements may be granted by the standards council executive committee.

3.3.3 Quorum. For all meetings, a quorum shall be 30 percent of the members. If a quorum is not present at a duly called meeting, those assembled may proceed with the specific agenda: however, all actions taken, except those actions listed below which may be taken by the members present, shall be submitted to letter ballot for confirmation by the entire committee membership.

1. Approval of agenda, including additions/deletions of agenda items.

2. Approval of minutes of prior committee meetings provided that the minutes were distributed in advance to the committee with the agenda.

3. Approval, in accord with 4.1.1, to submit a proposed new standard or a proposal to revise an existing standard to letter ballot by all committee members.

4. Establishing date and locations of next meeting.

3.3.4 Parliamentary Procedures. On questions of parliamentary procedures not covered by ASCE Rules for Standards Committees, Roberts Rules of Order, Revised, shall apply.

3.3.5 Open Meetings

3.3.5.1 All meetings of standards committees shall be open, and attendance by interested parties shall be welcomed. Such visitors, however, shall not have the right to vote nor shall they, except by specific decision of the chair, be entitled to receive copies of the minutes of the meeting.

3.3.5.2 Visitors may address the committee on a subject relevant to items under consideration, provided due notice of this intent is received by the chair at least ten days prior to the meeting. The ten-day notice may be waived by the chair. The chair may designate the time allotted for such presentation.

3.3.6 Subcommittees . Subcommittees may be assigned tasks to aid a standards committee in the achievement of its objective, including development of a draft standard. The subcommittee is not required to follow the rules applicable to the standards committee except that on questions of parliamentary procedures, Roberts Rules of Order, Revised shall apply. Further, in forwarding any document to its standards committee, the subcommittee shall include a report on the results of voting and resolution of negative votes.

3.4 INTERPRETATIONS

3.4.1 A request for interpretation shall be made in writing to ASCE 's staff Director, Codes and Standards staff Director, Codes and Standards. The request for interpretation must address a specific provision of the standard.

3.4.2 Processing Interpretations. ASCE staff, Director, Codes and Standards, shall forward the request for interpretation to the appropriate standards committee chair. All responses to such requests for interpretations developed by the chair of the committee, shall be considered tentative interpretations until confirmed by committee vote. The requestor for an interpretation shall be informed that a tentative interpretation is to be used at one's own responsibility. A tentative interpretation shall be balloted by the appropriate standards committee. Approval of interpretations shall comply with 4.1.1 herein. The requestor for an interpretation shall receive written notification of the results of the committee's balloted interpretation. The results of the balloting, including all comments, shall be placed on the agenda for the standards committee meeting for consideration of possible standards revision.

3.4.3 Notification of Interpretations. Notification in accord with 3.2.1 shall be made when interpretations are processed.

3.4.4 No interpretation is binding on the Society unless it is established in accordance with these procedures.

4. RULES FOR PROCESSING ASCE STANDARDS

4.1 COMMITTEE PROCEDURES FOR APPROVAL OF PROPOSED STANDARDS, REVISIONS TO STANDARDS, AND RELATED COMMENTARY

Standards committees shall prepare and submit proposed standards, specifications, commentary and other documents for approval by ASCE in accordance with the following procedures. Standards committees are encouraged to provide a separate commentary for each standard that provides the technical and administrative rationale for standardization. The inclusion of design aids, computer programs and software in the commentary should be avoided. If design aids, computer programs or software are necessary, the commentary should make reference to such material available from other sources such as technical publications.

4.1.1 Standard Voting Procedures. A proposed new standard or a proposed revision to proposal to revise an existing standard must be discussed at a meeting of the standards committee. The proposed new standard or proposal to revise an existing standard must have been sent to the members along with the agenda for the meeting 30 days in advance of the meeting.

During the meeting where the proposed new standard or proposal to revise an existing standard is being discussed, changes in a the proposed new standard or proposal to revise an existing standard may be made by motion and majority approval of those committee members present. A motion must be approved by a majority vote of those members present at the meeting to submit the proposed new standard or proposed revision to the standards committee for its approval by a letter ballot.

A proposed standard or a proposal to revise an existing standard is approved by the standards committee when the following conditions have been met:

(1) The letter ballots returned, including abstentions, shall represent not less than 65 percent of the approved committee membership.

(2) Affirmative votes cast for each ballot item shall be not less 75 percent of the total affirmative and negative votes cast and shall not be less than 50 percent of the total membership of the committee.

(3) Negative ballots have been addressed in accordance the procedures prescribed in

(4) It is prohibited to construct a ballot or ballot item in such a manner so as to assume the vote of an individual if they fail to return a ballot.

4.1.2 Editorial Changes at Standards Meetings. At a meeting of the standards committee, any member of the standards committee may submit in writing to the chair and the members present, a request to make an editorial change to the standard. If the chair determines the change to be editorial, all members of the committee will be notified of this ruling and provided with an opportunity to challenge the ruling. If challenged, the proposed change will be processed as a proposed revision in accordance with these Rules. An editorial change in a standard is one that does not directly and materially affect the use of the standard.

4.1.3 Commentary Voting Procedures. Commentary proposed for adoption by ASCE shall be approved by the standards committee by letter ballot using the conditions prescribed in 4.1.1.

4.1.4 Voting Period. The voting period for letter ballots shall be established by each committee for each letter ballot, but in no case shall it be less than thirty (30) calendar days from the time of mailing. All letter ballots shall be counted and reported within thirty (30) calendar days of the end of the voting period.

4.1.5 Confidentiality

4.1.5.1 The results of all letter ballots shall remain confidential to ASCE staff, the committee chair, vice chair, and secretary until the voting period is closed.

4.1.5.2 Unapproved drafts of standards, commentaries on standards and related material shall not be referenced by standards committee members for use in professional work and testimony.

4.1.6 Reporting Votes. The results of each vote on a standard shall be reported by ASCE staff as follows:

(1) Number of committee members.

(2) Number of committee members voting affirmatively.

(3) Number of committee members voting negatively and their stated reasons.

(4) Number of committee members voting abstention.

(5) Identification of committee members not returning the ballot.

4.2 NEGATIVE VOTES

Negative votes should be accompanied by a comment related to the proposal under consideration except as provided for in 4.2.4. The comment should include an explanation and a suggested revision to overcome the negative vote. Comments concerning potential conflict or duplication with an existing standard and comments of a procedural or philosophical nature shall not be dismissed merely because they do not provide alternative language or a suggested revision to overcome the negative vote provided that the comment is related to the proposal under consideration.

Negative votes shall be classified into one of three general categories: 1) Negative votes with a related comment, 2) Negative votes with a comment unrelated to the ballot issue, and 3) Negative votes without an accompanying comment. Negative votes at all levels of voting shall be addressed by the Chair using the following procedure:

4.2.1 Negative Votes with a Related Comment. Negative votes which have a comment, explanation, and/or a suggestion for revision pertinent to the issue being balloted shall be processed as follows:

4.2.1.1 If the suggested change accompanying a negative vote is determined by the committee chair to be editorial, the negative comment shall be declared as editorial and the determination shall be circulated to all members of the standards committee to provide the opportunity to respond, reaffirm, or change their vote on the ballot item associated with the negative vote in question. The negative voter may challenge the chair's determination of the negative comment to be editorial and request the chair for a vote of the committee. The request must be made in writing within fifteen days of notification of the chair's action. The chair may seek committee vote at a meeting or by a letter ballot. If the committee does not sustain the chair's determination by a consensus vote, the negative comment shall be further processed in accordance with the provisions of 4.2.1.

4.2.1.2 If the comment accompanying a negative vote has been previously found to be non-persuasive by letter ballot of the committee, it shall not be necessary to reconsider it unless new technical data (information not previously known to the committee) was introduced with the vote. If no new technical data was introduced, the negative comment shall be declared as having been previously considered by the committee and no further action is required.

4.2.1.3 If the comment accompanying a negative vote includes new technical data that was completed after the committee ballot process had begun or consideration of which may result in new topical provisions, the chair may request a vote of the committee at a duly constituted meeting or by a letter ballot to postpone consideration of the new data for the next revision of the standard. The new technical data must be provided to the standards committee either with the letter ballot or 30 days in advance of the meeting at which the vote on postponement is held. If the vote on postponement is conducted at a meeting of the committee and postponement is approved, the approval shall be circulated to all members of the standards committee to provide the opportunity to respond, reaffirm, or change their vote on the postponement.

If the chair does not request a vote on postponement or if the vote on postponement requested by the chair is not approved by a consensus vote of the committee, the negative comment shall be further processed in accordance with the provisions of 4.2.1. If the vote on postponement is approved by a consensus vote of the committee, a report from ASCE staff on the results of the vote shall be forwarded to the standards council executive committee for review

4.2.1.4 If a negative comment is not declared to have been previously considered, postponed by the committee, or withdrawn by the voter, the chair must propose to find the explanation and suggested change persuasive or non-persuasive.

4.2.1.4.1 A persuasive negative comment shall be submitted, with the voter's explanation and the suggested change, to the standards committee for approval by a letter ballot to make a revision to the standard in accordance with the suggested change. If the suggested change fails to receive committee approval by a consensus vote no further consideration of the negative is required. If the suggested change is approved by the committee by a consensus vote the standard shall be revised as suggested.

4.2.1.4.2 A non-persuasive negative comment shall be submitted, with the voter's explanation and suggested change and the chair's reason for proposing to find the vote non-persuasive, to the standards committee for consideration at a duly constituted meeting or by a letter ballot. If a negative comment is found non-persuasive by the committee at a meeting, the finding shall be circulated to all members of the standards committee to provide the opportunity to respond, reaffirm, or change their vote on the ballot item associated with the negative vote in question. If the finding of non-persuasive is approved by the committee by letter ballot, no further action is required. Votes to find negative comments non-persuasive shall be straight “yes or no” votes unless otherwise indicated in the ballot instructions. If the finding of non-persuasive negative fails to receive committee approval by a consensus vote, the chair shall either drop the relevant provision to which the voter objects from the standard or declare the negative vote persuasive and further process per 4.2.1.4.1.

4.2.2 Negative Votes with an Unrelated Comment. If the negative vote is accompanied by a comment that is not related to the proposal under consideration then, at the discretion of the chair, the comment may be resolved during the current revision cycle or the comment shall be processed in the next revision cycle of the standard in the same manner as a new proposal to revise the standard. If the comment it is determined that the comment will be processed in the next revision cycle then the negative vote shall be recorded as a “negative vote with an unrelated comment.”

4.2.3 Negative Votes with no Comment. Negative votes that are submitted without an accompanying comment shall be recorded as a “negative vote without comment.”

4.2.4 Negative Votes on Straight “Yes or No” Ballot Items. Negative votes on ballot items which are clearly identified as straight “Yes or No” votes need not be accompanied by a comment. Ballot items to find a comment non-persuasive are, by definition, straight “yes or no” votes. Comments submitted with straight “yes or no” votes shall be distributed to the standards committee. The chair shall prepare a report addressing the comments submitted. Upon distribution of the report to the standards committee, members of the standards committee shall have 14 days to change their vote. Notification of a vote change shall be made in writing and sent to ASCE staff, Standards Coordinator.

4.2.5 Consensus Balloting for Resolution of Negative Votes. A consensus approval by a letter ballot for resolution of negative comments shall meet the conditions in (1), (2), (3), and (4) of 4.1.1. A consensus approval of the resolution of negative comments at a duly constituted committee meeting as allowed in 4.2.1.1, 4.2.1.3, and 4.2.1.4.2 shall meet the conditions in (2) of 4.1.1 except that the total affirmative votes cast shall equal or exceed fifty percent of the members present at the meeting.

4.2.6 Notification of Negative Votes. The negative voter shall be informed in writing of the action taken on the negative ballot. If the views of the negative voter are not accepted, the voter shall be informed of the reasons therefore. The standards committee also shall be informed of the final outcome of the negative vote. If a negative voter feels that the negative vote was resolved in violation of rules the voter may submit a written appeal to CSAC per Section 4.4.

4.2.7 Withdrawal of Negative Comment. At any point, a voter may withdraw their comment submitted with their negative vote. Such action must be recorded in writing and the entire standards committee notified of this action. No further action is required to resolve withdrawn comments.

4.3 PROCEDURES FOR APPROVAL OF PROPOSED STANDARDS AND COMMENTARY

After approving a proposed standard and commentary, ASCE standards committees shall send them through its standards council executive committee to CSAC. The proposed standard and commentary shall be accompanied by a final report from ASCE staff regarding procedural matters such as voting by the committee and disposition of negative votes. The standards council executive committee and CSAC shall review the documents for compliance with these rules and procedural matters.

4.3.1 Notification of Public Comment Period. After its review and approval, CSAC shall direct the ASCE staff to publish in ASCE NEWS (and submit to other appropriate publications) a notice of the availability for review of the proposed standard and commentary, a notice of the availability of a public comment period on the standard, and notification of the closing date. The commentary shall be provided with the public comment draft for information and comments, but not to be voted on. Any individual who is not a member of the standards committee may request a ballot and participate in the public comment period on the standard.

For standards being revised, all of the provisions of the standard, including those not changed during the revision cycle, shall be open to public comment.

If in resolving comments submitted during a public comment period substantive changes are made to the standard then a second public comment period shall be conducted. Only the changes from the first public comment draft shall be open for comment during the second public comment period. The second public comment ballot need only be sent to those individuals who requested a copy of the first public comment ballot.

4.3.2 Voting. Voting in the public comment period shall be closed a minimum of sixty (60) days after the publication date of the notification. If the publication is available electronically then the minimum public review period shall be forty-five (45) days. The votes submitted during the public comment period shall be counted within thirty (30) days of the end of the public comment period. All ballots shall be sent to ASCE Headquarters. Comments submitted after the close of the public comment period may be, at the discretion of the chair, resolved during the current public comment period or shall be considered during the next revision cycle of the standard.

4.3.3 Negative Votes. Negative votes shall be processed by the standards committee in accordance with 4.2. ASCE staff shall issue a final report on the Public Comment Period to CSAC certifying compliance with these rules and procedural matters. CSAC shall determine if due process was accorded to all negative votes.

4.3.4 Standards and Commentary Approval. CSAC shall approve the standard and commentary only after determining that they were developed in compliance with these rules. CSAC may further process it by submitting it to the American National Standards Institute for approval as an American National Standard in accordance with 4.6.

4.4 APPEALS

Persons who have directly and materially affected interests and who have been or may be adversely affected by a procedural action or inaction have the right to appeal.

Appeals may only be made regarding procedural issues. The technical content of a standard is the responsibility of the standards committee. Appeals pertaining to restraint of trade are automatically considered procedural in nature and shall be processed in accordance with this section.

The appellant shall file a written complaint with ASCE Staff within thirty (30) days after the postmark date of the letter notifying the objector of action taken or at any time with respect to inaction. The complaint shall state the nature of the objection (s) including any adverse effects, the clause(s) of these Rules or the standard that is at issue, actions or inactions that are at issue, and shall provide the specific remedial action (s) that would satisfy the appellant’s concerns. Previous efforts to resolve the objection (s) and the outcome of each shall be noted.

Within thirty (30) days after the receipt of the complaint, a response shall be made in writing to the appellant specifically addressing each allegation of fact in the complaint to the extent of the respondent’s knowledge. The respondent shall be either the chair of the standards committee or his or her designee.

If the appellant and the respondent are unable to resolve the written complaint informally in a manner consistent with these procedures, then the complaint and information from the respondent shall be forwarded to CSAC.

Appeals may be handled by letter ballot, by conference call, or at an in-person meeting except the appellant may request an in-person meeting for appeals related to voting procedures. The appellant shall be entitled to attend all meetings or conference calls related to their appeal.

If the appeal is considered at an in-person meeting at the request of an appellant, the appellant, the committee, and others concerned shall be notified of the meeting at least fifteen (15) working days in advance of the date set. Voting rules of CSAC shall apply. The secretary of the hearing group shall promptly notify all concerned of the final action taken.

CSAC shall render its decision in writing within thirty (30) days, stating findings of fact and conclusions, with reasons therefore, based on a preponderance of the evidence presented to the hearing group. Consideration shall be given to the following positions, among others, in formulating the decision:

1. Finding for the appellant, remanding the action to the standards committee or ASCE Staff with a specific statement of the issues and facts in regard to which fair and equitable action was not taken;

2. Finding for the respondent, with a specific statement of the facts that demonstrate fair and equitable treatment of the appellant and the appellant’s objections;

3. Finding that new, substantive evidence has been introduced, and remanding the entire action to the standards committee or the ASCE Staff for appropriate reconsideration.

4.5 REVISION or REAFFIRMATION

A committee responsible for an ASCE standard should establish and publish a schedule providing for review and needed revision or reaffirmation at intervals not to exceed five years. Extensions beyond this 5-year period require the approval of both the appropriate standards council's executive committee and CSAC. Revisions shall consider all interpretations by the committee. Requests for revisions to a standard may be made by any person or organization, and shall be addressed in writing to the ASCE staff, Director of Codes and Standards. If no request for revision is received, the standard shall be reaffirmed by committee letter ballot followed by a public comment period.

4.6 ANSI Designation as an American National Standard

Those standards intended for designation as American National Standards (ANSs) shall be forwarded to ANSI in accordance with the procedures contained in the current edition of the ANSI Procedures for the Development and Coordination of American National Standards. A standard that is approved as an American National Standard shall have its cover or title page marked with an approved ANSI logo furnished by ANSI or the words “an American National Standard.”

4.7 WITHDRAWALS

In the event that an ASCE standard in effect becomes obsolete, is no longer in demand, or is no longer appropriate for ASCE, CSAC shall initiate the process of withdrawal.

The process shall include notification of the proposed withdrawal in accordance with 3.2.1, Committee Ballot in accord with 4.1 and a public comment period in accord with 4.3. When withdrawal of an ASCE standard that is also an ANSI standard is approved, CSAC shall process the withdrawal in accord with ANSI procedures.

5. RECORDS AND AUDITING

5.1 SECRETARY'S RESPONSIBILITY

The secretary of the standards committee in cooperation with ASCE staff shall be responsible for developing, recording, and maintaining all records. All records must be filed systematically and be readily accessible from ASCE staff or the secretary.

5.2 DUPLICATE RECORDS

Original records shall be maintained by ASCE staff at ASCE Headquarters. The secretary of the standards committee may maintain duplicate records and is responsible for transmittal of copies of all records to ASCE Headquarters as the records are generated.

5.3 RECORD TYPES AND MAINTENANCE

Records shall consist of the following items and shall be maintained for a period of ten years or

until approval of the subsequent revision or reaffirmation of the complete standard, whichever is longer:

(1) Rosters:

Members of committee

Biographical summaries

Balance evaluations

(2) Notices of meetings

Agenda

Attachments

(3) Meeting Minutes

(4) Correspondence:

Notices of standards activities

Invitations to participate

(articles from ASCE NEWS, CIVIL ENGINEERING magazine, etc.)

(5) Appeals Resolutions

(6) Interpretations

(7) Ballots and Tallies on Standards

(8) Resolution of Conflicts from Ballots on Standards.

Records concerning withdrawn standards shall be retained for at least 5 years from the date of withdrawal. Prior to the disposal of documents, approval shall be obtained from CSAC. The request to dispose of documents shall identify standard whose records are being affected, the age of the documents, and a general listing of the type of documents being disposed.

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