[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30890]


[[Page Unknown]]

[Federal Register: December 19, 1994]


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MERIT SYSTEMS PROTECTION BOARD
5 CFR Part 1203

 

Procedures for Review of Rules and Regulations of the Office of 
Personnel Management

AGENCY: Merit Systems Protection Board.

ACTION: Final rule.

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SUMMARY: The Merit Systems Protection Board is amending its rules by 
adding ``facsimile'' and ``commercial overnight delivery'' as methods 
of filing and service in order to conform the requirements in this part 
to the method of filing and service requirements contained in the 
Board's rules at 5 CFR part 1201.

EFFECTIVE DATE: December 19, 1994.

FOR FURTHER INFORMATION CONTACT: Robert E. Taylor, Clerk of the Board, 
202-653-7200.

SUPPLEMENTARY INFORMATION: The Board has previously amended its rules 
at 5 CFR part 1201 (Practices and procedures) to permit filing and 
service of appeals and other pleadings by facsimile (54 FR 53500) and 
by commercial overnight delivery (58 FR 36345). The Board is now 
amending its rules at 5 CFR part 1203 to specifically permit the same 
methods of filing and service for requests to review rules and 
regulations of the Office of Personnel Management under this part.
    The Board is publishing this rule as a final rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1203

    Administrative practice and procedure, Civil rights, Government 
employees.
    Accordingly, the Board amends 5 CFR part 1203 as follows:
PART 1203--[AMENDED]

    1. The authority citation for part 1203 continues to read as 
follows:

    Authority: 5 U.S.C. 1204(a), 1204(f), and 1204(h).
Sec. 1203.13  [Amended]

    2. Section 1203.13 is amended at paragraph (d) by revising the 
first sentence to read as follows: ``Documents may be filed with the 
Office of the Clerk either by mail, by personal delivery, by facsimile, 
or by commercial overnight delivery.'' 2(a). Section 1203.13 is further 
amended at paragraph (d) by adding the following two new sentences at 
the end of the paragraph reading as follows:

    If it was submitted by facsimile, the date of the facsimile is 
considered to be the filing date. If it was submitted by commercial 
overnight delivery, the date of filing is the date it was delivered to 
the commercial overnight delivery service.


Sec. 1203.13  Filing pleadings.

* * * * *
    (d) * * *
* * * * *


Sec. 1203.14  [Amended]

    3. Section 1203.14 is amended by revising paragraph (b) to read as 
follows:
Sec. 1203.14  Serving documents.

* * * * *
    (b) Method of serving documents. Pleadings may be served on parties 
by mail, by personal delivery, by facsimile, or by commercial overnight 
delivery. Service by mail is accomplished by mailing the pleading to 
each party or representative, at the party's or representative's last 
known address. Service by facsimile is accomplished by transmitting the 
pleading by facsimile to each party or representative. Service by 
personal delivery or by commercial overnight delivery is accomplished 
by delivering the pleading to the business office or home of each party 
or representative and leaving it with the party or representative, or 
with a responsible person at that address. Regardless of the method of 
service, the party serving the document must submit to the Board, along 
with the pleading, a certificate of service as proof that the document 
was served on the other parties or their representatives. The 
certificate of service must list the names and addresses of the persons 
on whom the pleading was served, must state the date on which the 
pleading was served, must state the method (i.e., mail, personal 
delivery, facsimile, or commercial overnight delivery) by which service 
was accomplished, and must be signed by the person responsible for 
accomplishing service.

    Dated: December 12, 1994.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 94-30890 Filed 12-16-94; 8:45 am]
BILLING CODE 7400-01-P