Reviewing the Rule You Enforce: A Recusal Clause for the Tolling Elements Review Committee
Reviewing the Rule You Enforce: A Recusal Clause for the Tolling Elements Review Committee Post #31 closed the last open evidentiary gap in the tolling chain by creating the Tolling Elements Review Committee — a standing body drawn jointly from the Independent Pattern Review Board and the Threshold Calibration Board, tasked with periodically reconsidering the four-part Tolling Elements Test's wording on a five-year Evidentiary Amendment Cycle. But closing that gap opened a narrower, sharper one, flagged at the end of that post as the next question: IPRB members sit on the very Committee that reviews the exact evidentiary standard IPRB itself applies, case after case, when deciding whether an operator's tolling petition shows the pattern was "genuinely prevented." That's not a hypothetical conflict. It's structural — built into the Committee's composition by design, because the joint IPRB/TCB membership was the whole point (the body that litigates the stand...