[Federal Register Volume 67, Number 18 (Monday, January 28, 2002)]
[Rules and Regulations]
[Page 3811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1958]



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  Federal Register / Vol. 67, No. 18 / Monday, January 28, 2002 / Rules 
and Regulations  

[[Page 3811]]



MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201


Practices and Procedures

AGENCY: Merit Systems Protection Board.

ACTION: Interim rule; request for comment.

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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is 
issuing interim regulations to implement procedures under which a case 
may be suspended for up to 60 days to permit the parties to pursue 
discovery or settlement.

DATES: Effective date: January 28, 2002. Comment date: Submit comments 
on or before March 29, 2002.

ADDRESSES: Send or deliver comments to Robert E. Taylor, Clerk of the 
Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., 
Washington, DC 20419; fax: (202) 653-7130; or email: [email protected].

FOR FURTHER INFORMATION CONTACT: Robert E. Taylor, Clerk of the Board, 
(202) 653-7200; fax: (202) 653-7130; or email: [email protected].

SUPPLEMENTARY INFORMATION: This interim regulation amends the Board's 
rules of practice and procedure at 5 CFR part 1201 by adding a new 
section 1201.28, ``Case Suspension Procedures.''
    In November 1999, the Merit Systems Protection Board (MSPB) 
established a pilot project to allow employee-appellants and agencies 
up to 60 days additional time to pursue discovery and settlement 
efforts in pending initial appeals. The pilot program was initiated, in 
part, in response to concerns raised by Board practitioners that the 
120-day time limit for adjudicating appeals prevented the parties from 
conducting the discovery they believed necessary to prevail on appeal. 
The pilot simplified the process for obtaining a suspension of case 
processing to accommodate parties before the Board.
    Under the pilot, the presiding judge was authorized to grant a 30-
day suspension of case processing to parties who mutually requested the 
additional time. A second 30-day suspension was granted if the parties 
agreed that further time was necessary. Parties were not required to 
provide evidence and argument to support a joint request for additional 
time, so long as the request was made early in the proceedings.
    The Board believes that the pilot has been successful in addressing 
the concerns regarding adequate time to conduct discovery and in 
facilitating settlement of complex cases. As of November 13, 2001, the 
Board's administrative Judges had granted 712 case suspension requests. 
In those 712 suspensions, the administrative judges had granted an 
additional 30-day case suspension in 240 appeals.
    The Board is publishing this rule as an interim rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

    Administrative practice and procedure, Civil rights, Government 
employees.


    Accordingly, the Board amends 5 CFR part 1201 as follows:

PART 1201--[AMENDED]

    1. The authority citation for part 1201 continues to read as 
follows:

    Authority: 5 U.S.C. 1204 and 7701, unless otherwise noted.


    2. Amend 5 CFR part 1201--Practices and Procedures, Subpart B--
Procedures for Appellate Cases, to add a new Sec. 1201.28 immediately 
after Sec. 1201.27.


Sec. 1201.28  Case suspension procedures.

    (a) Joint requests. The parties may submit a joint request for 
additional time to pursue discovery or settlement. Upon receipt of such 
request, the judge will suspend processing of the case for a period up 
to 30 days. The judge will grant an extension of the suspension period 
for up to an additional 30 days upon a joint request from the parties 
for additional time.
    (b) Unilateral requests. Either party may submit a unilateral 
request for additional time to pursue discovery as provided in this 
subpart. Unilateral requests for additional time may be granted at the 
discretion of the judge.
    (c) Time for filing requests. The parties must file a joint request 
that the adjudication of the appeal be suspended within 45 days of the 
date of the acknowledgment order (or within 7 days of the appellant's 
receipt of the agency file, whichever date is later). A request for an 
additional 30-day suspension period must be made on or before the fifth 
day before the end of the first 30-day suspension period.
    (d) Untimely requests. The judge may consider requests for initial 
suspensions that are filed after the time limit set forth in paragraph 
(c) of this section. Such requests for additional time may be granted 
at the discretion of the judge.
    (e) Early termination of suspension period. The suspension period 
may be terminated prior to the end of the agreed upon period if the 
parties request the judge's assistance relative to discovery or 
settlement during the suspension period and the judge's involvement 
pursuant to that request is likely to be extensive.

    Dated: January 22, 2002.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 02-1958 Filed 1-25-02; 8:45 am]
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