[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Proposed Rules]
[Pages 33040-33041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13797]



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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 20

RIN 2900-AL45


Board of Veterans' Appeals: Rules of Practice--Notice Procedures 
Relating to Withdrawal of Services by a Representative

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the Department of Veterans 
Affairs' (VA) Board of Veterans' Appeals Rules of Practice to simplify 
notice procedures relating to withdrawal of services by a 
representative after certification of an appeal. We believe that these 
simplified notice procedures would be adequate for establishing proof 
of service.

DATES: Comments must be received on or before August 4, 2003.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW., Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to [email protected]. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AL45.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice 
Chairman, Board of Veterans' Appeals, Department of Veterans Affairs, 
810 Vermont Avenue, NW., Washington, DC 20420 (202-565-5978).

SUPPLEMENTARY INFORMATION: The Board of Veterans' Appeals (Board) is an 
administrative body that decides appeals from denials by agencies of 
original jurisdiction (AOJs) of claims for veterans' benefits. This 
document proposes to amend the Board's Rules of Practice for the 
purpose of simplifying notice procedures in connection with motions to 
withdraw services by a representative after certification of an appeal.
    Rule 608(b)(2) (38 CFR 20.608(b)(2)) contains various requirements 
relating to withdrawal of services by a representative after 
certification of an appeal. The only requirements we propose amending 
concern the notice procedures. Currently, a representative must send 
the appellant a copy of the representative's motion to withdraw 
services by mailing the motion, return receipt requested; after the 
representative receives the signed receipt showing that the motion was 
received, the representative must file the signed receipt with the 
Board. If the appellant files a response, the appellant is required to 
send the representative a copy of the response by mailing it, return 
receipt requested, and is required to file the signed receipt with the 
Board.
    We do not believe that the current level of proof of notice is 
appropriate. First-class mail is used for other important documents 
affecting the appellants and representatives involved in these appeals, 
including the AOJ decisions that are the subject of the appeals and the 
Board's decisions. We are proposing a change to require merely use of 
first-class mail, postage prepaid, with a certificate of service. This 
proposed change would be in line with general rules of proof of service 
in the Federal Rules of Civil Procedure. Fed. R. Civ. P. 5(d) 
(generally, a certificate of service by a party (or attorney) is 
sufficient proof of service). We believe these simplified procedures 
would provide adequate assurance of receipt, when considered in light 
of the benefits of simplification of the notice procedures. These 
proposed procedures would remove the extra steps of the current return 
receipt requirements and would more easily enable the appellant to file 
a response, either opposing or supporting the representative's motion. 
Also, these proposed procedures would shorten the time before the 
motion is ripe for determination by the Board, expediting the 
possibility of a transition, if appropriate, to a new representative.
    Accordingly, we propose amending the rule in cases involving a 
motion to withdraw services by a representative after certification of 
an appeal, to provide that proof of service will be accomplished by 
filing a statement with the Board certifying that the motion has been 
sent by first-class mail, postage prepaid, to the appellant or that the 
response has been sent by first-class mail, postage prepaid, to the 
representative, as applicable.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector of 
$100 million or more in any given year. This rule would have no 
consequential effect on State, local, or tribal governments.

Paperwork Reduction Act

    This document contains no provisions constituting a new collection 
of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Executive Order 12866

    This regulatory amendment has been reviewed by the Office of 
Management and Budget under the provisions of Executive Order 12866.

Regulatory Flexibility Act

    The Secretary hereby certifies that this regulatory amendment would 
not have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601-612. This rule would merely concern requirements for proof 
of service of motions for withdrawal of services by a representative 
after certification of an appeal before the Board, and for proof of 
service of responses to such motions. Moreover, such motions and 
responses are events that occur in only a minor proportion of the cases 
before the Board. Any economic impact on small entities would be 
minimal. Therefore, pursuant to 5 U.S.C. 605(b), this amendment is 
exempt from the initial and final regulatory flexibility analysis 
requirements of sections 603 and 604.

List of Subjects in 38 CFR Part 20

    Administrative practice and procedure, Attorneys, Lawyers, Legal 
services, Procedural rules, Veterans.

    Approved: May 27, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
    For the reasons set out in the preamble, 38 CFR part 20 is proposed 
to be amended as set forth:

PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE

    1. The authority citation for part 20 continues to read as follows:

    Authority: 38 U.S.C. 501(a) and as noted in specific sections.


Sec.  20.608  [Amended]

    2. Section 20.608, paragraph (b)(2) is amended by:
    A. In the third sentence, removing ``permitted.'' and adding, in 
its place, ``permitted, and a signed statement certifying that a copy 
of the motion was sent by first-class mail, postage prepaid, to the 
appellant, setting forth the address to which the copy was mailed.''
    B. Removing the sixth and seventh sentences.
    C. In the eighth sentence, removing ``motion.'' and adding, in its 
place, ``motion and must include a signed

[[Page 33041]]

statement certifying that a copy of the response was sent by first-
class mail, postage prepaid, to the representative, setting forth the 
address to which the copy was mailed.''
    D. Removing the ninth and tenth sentences.

[FR Doc. 03-13797 Filed 6-2-03; 8:45 am]
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