[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Rules and Regulations]
[Pages 57627-57632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21589]



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  Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / 
Rules and Regulations  

[[Page 57627]]



MERIT SYSTEMS PROTECTION BOARD

5 CFR Parts 1201, 1203, 1208, and 1209


Interim Regulatory Changes for Implementation of Electronic 
Filing

AGENCY: Merit Systems Protection Board.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is 
amending the rules of practice and procedure that govern how 
participants in Board proceedings file and receive documents in 
electronic form. This change reflects an upgrade to e-Appeal, the 
MSPB's Web-based application for electronic filing (e-filing). 
Previously, only new appeals could be filed via the Internet, with 
electronic filing thereafter restricted to using e-mail. E-filers can 
now use the e-Appeal site to file almost any type of pleading.

DATES: This rule is effective September 27, 2004. Written comments 
should be submitted on or before November 29, 2004.

ADDRESSES: Submit comments to the Office of the Clerk of the Board, 
Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 
20419. Comments may be submitted by regular mail to this address, by 
facsimile to (202) 653-7130, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Timothy Korb, Merit Systems Protection 
Board, 1615 M Street, NW., Washington, DC 20419; (202) 653-7200; fax: 
(202) 653-7130; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: When the MSPB instituted electronic filing 
on October 20, 2003 (68 FR 59859), its Web-based application was 
available only for the filing of new appeals. The only tool available 
to those who wanted to engage in e-filing thereafter was e-mail. E-
Appeal (https://e-appeal.mspb.gov) has become quite popular over the 
past year, and presently accounts for about 10% of new appeals filed. 
By contrast, few have elected to engage in e-filing via e-mail. The 
Board has now upgraded e-Appeal so that it can accommodate virtually 
any type of pleading. Filing pleadings via e-Appeal will have several 
advantages for e-filers compared to filing by e-mail: (1) They will 
have access to context-specific Help text and links; (2) should they 
choose to do so, e-filers will have the option of submitting pleadings 
and attachments in the form of declarations made under penalty of 
perjury; (3) they can choose between entering their pleadings online 
and uploading them as electronic files; and (4) they will not be 
required to disclose their e-mail addresses to anyone except the MSPB.
    When all participants in an appeal are e-filers, the filing process 
should be quick and easy. The Board as well as the parties will receive 
documents on the same day they are sent, rather than having to wait for 
mail delivery. This should facilitate quicker processing, particularly 
when the proceeding is pending in headquarters, because letters 
addressed to Washington, D.C. are first sent to Ohio for irradiation. 
And e-filers will be relieved of the burden of serving electronic 
documents on other e-filers.
    Having all electronic filings go through the Board's Web-based 
application will enable the Board to manage these electronic documents 
more effectively. Because e-Appeal is now integrated with the Board's 
case management system and its document management system, making 
docket entries and placing pleadings into the appropriate electronic 
repository will be done automatically. Accordingly, the Board will no 
longer allow pleadings to be submitted via e-mail.
    Electronic filing at the Board includes the following features:
     Documents can be submitted in any common electronic 
format, including word-processing and image formats (electronic files 
created by scanning paper documents). (1201.14(f)(2))
     E-filers will be able to submit ``hybrid'' pleadings, in 
which part of a pleading is submitted in electronic form, and the rest 
is submitted in paper form. (1201.14(g))
     Regardless of whether it is uploaded or entered online, 
each pleading will be assembled into a single PDF document, which will 
include all electronic attachments, and which will be sequentially 
paginated. Pagination will enable everyone involved to make specific 
citations to the record.
     Before submitting an electronic pleading, e-filers will be 
able to review and make changes to it.
     If unable to complete a pleading while online, an e-filer 
will be able to save his or her work and complete it during a later 
session.
     E-filers will be provided a confirmation of electronic 
filing, and will be able to print or download a copy of the assembled 
pleading as a PDF document.
     Service of pleadings on other e-filers will be automated. 
(1201.14(h))
     Documents issued by the Board will be served on e-filers 
as PDF documents, which will be sent to the e-filer's e-mail address of 
record. (1201.14(k))
     When a party who is an individual is represented, the 
party and the representative can separately decide whether to register 
for e-filing. If only the representative registers for e-filing, the 
party will continue to receive documents by regular mail. 
(1201.14(e)(3))
     Although registration as an e-filer permits participants 
to file pleadings electronically, they may file any pleading, or 
portion of a pleading, by non-electronic means. (1201.14(e)(4))
     Registration as an e-filer can be withdrawn at any time, 
but while in effect the individual consents to accept electronic 
service of all documents issued by the Board and all pleadings 
submitted by other e-filers. (1201.14(e)(1), (e)(5))
    Although numerous sections of the Board's regulations required 
minor revision in light of the upgrade to e-Appeal, the primary rules 
governing e-filing can be found in Sec.  1201.14 (formerly 1201.5).
    Participation in electronic filing is entirely voluntary. As 
before, where only one party is registered as an e-filer, the Board 
will set deadlines so that parties filing and receiving documents by 
conventional means will have adequate time to prepare and file 
responses.

[[Page 57628]]

List of Subjects

5 CFR Part 1201

    Administrative practice and procedure, Civil rights, Government 
employees.

5 CFR Part 1203

    Administrative practice and procedure, Civil rights, Government 
employees.

5 CFR Part 1208

    Administrative practice and procedure, Government employees, 
Veterans.

5 CFR Part 1209

    Administrative practice and procedure, Government employees, 
Whistleblowing.


0
Accordingly, the Board amends 5 CFR parts 1201, 1203, 1208, and 1209 as 
follows:

PART 1201--[AMENDED]

0
1. The authority citation for part 1201 continues to read as follows:

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


0
2. Section 1201.4 is amended by deleting paragraph (o), and by revising 
paragraphs (i), and (k) through (n) as follows:


Sec.  1201.4  General definitions.

* * * * *
    (i) Service. The process of furnishing a copy of any pleading to 
Board officials, other parties, or both, by mail, by facsimile, by 
commercial or personal delivery, or by electronic filing (e-filing) in 
accordance with Sec.  1201.14.
* * * * *
    (k) Certificate of service. A document certifying that a party has 
served copies of pleadings on the other parties or, in the case of 
paper documents associated with electronic filings under paragraph (g) 
of Sec.  1201.14, on the Board.
    (l) Date of filing. A document that is filed with a Board office by 
personal delivery is considered filed on the date on which the Board 
office receives it. The date of filing by facsimile is the date of the 
facsimile. The date of filing by mail is determined by the postmark 
date; if no legible postmark date appears on the mailing, the 
submission is presumed to have been mailed five days (excluding days on 
which the Board is closed for business) before its receipt. The date of 
filing by commercial delivery is the date the document was delivered to 
the commercial delivery service. The date of filing by e-filing is the 
date of electronic submission.
    (m) Electronic filing (e-filing). Filing and receiving documents in 
electronic form in proceedings within the Board's appellate or original 
jurisdiction in accordance with Sec.  1201.14.
    (n) E-filer. A party or representative who has registered to engage 
in e-filing under paragraph (e) of Sec.  1201.14.


Sec.  1201.5  [Redesignated and revised]

0
3. Section 1201.5 is redesignated as Sec.  1201.14, and revised to read 
as follows:


Sec.  1201.14  Electronic filing procedures.

    (a) General. This section prescribes the rules and procedures by 
which parties and representatives to proceedings within the Board's 
appellate and original jurisdiction may file and receive documents in 
electronic form.
    (b) Matters subject to electronic filing. Subject to the 
registration requirement of paragraph (e) of this section, parties and 
representatives may use electronic filing (e-filing) to do any of the 
following:
    (1) File any pleading, including a new appeal, in any matter within 
the Board's appellate jurisdiction (Sec.  1201.3);
    (2) File any pleading, other than the original complaint or 
request, in any matter within the Board's original jurisdiction (Sec.  
1201.2);
    (3) File a petition for enforcement of a final Board decision 
(Sec.  1201.182);
    (4) File a motion for attorney fees as a prevailing party (Sec.  
1201.203);
    (5) File a motion for compensatory or consequential damages (Sec.  
1201.204);
    (6) Designate a representative, revoke such a designation, or 
change such a designation (Sec.  1201.31); or
    (7) Notify the Board of a change in contact information such as 
address (geographic or electronic mail) or telephone number.
    (c) Matters excluded from electronic filing. Electronic filing may 
not be used to:
    (1) File the original complaint or request in a matter within the 
Board's original jurisdiction, which includes: a complaint filed by the 
Special Counsel seeking corrective or disciplinary action (Sec. Sec.  
1201.122, 1201.128); a request by the Special Counsel for the stay of 
certain personnel actions (Sec.  1201.134); a proposal to take action 
against an administrative law judge under 5 U.S.C. 7521 (Sec.  
1201.137); or a request for a hearing on a proposed removal of a career 
appointee from the Senior Executive Service for performance reasons 
(Sec.  1201.143);
    (2) File a request to hear a case as a class appeal or any 
opposition thereto (Sec.  1201.27);
    (3) Serve a subpoena (Sec.  1201.83); or
    (4) File a pleading with the Special Panel (Sec.  1201.137).
    (d) Internet is sole venue for electronic filing. Following the 
instructions at the Board's e-Appeal site (https://e-appeal.mspb.gov) 
is the only method allowed for filing electronic pleadings with the 
Board. The Board will not accept pleadings filed by electronic mail.
    (e) Registration as an e-filer. (1) Except when filing a new appeal 
within the Board's appellate jurisdiction (Sec.  1201.3), no party or 
representative may file an electronic pleading with the Board unless he 
or she has registered with the Board as an e-filer. Registration as an 
e-filer constitutes consent to accept electronic service of pleadings 
filed by other registered e-filers and documents issued by the Board.
    (2) The exclusive means for a party or representative to register 
as an e-filer during a Board proceeding is to follow the instructions 
at the Board's e-Appeal site (https://e-appeal.mspb.gov).
    (3) When a party who is an individual is represented, the party and 
the representative can make separate determinations whether to register 
as an e-filer. For example, an appellant may file and receive pleadings 
and Board documents by non-electronic means, even though his or her 
representative has registered as an e-filer. Similarly, when a party 
has more than one representative, each representative has the choice of 
registering as an e-filer or filing and receiving pleadings and Board 
documents by non-electronic means.
    (4) A party or representative who has registered as an e-filer may 
file any pleading, or portion of a pleading as described in paragraph 
(g) of this section, by non-electronic means.
    (5) A party or representative may withdraw his or her registration 
as an e-filer. Such withdrawal means that, effective upon the Board's 
receipt of this withdrawal, pleadings and Board documents will no 
longer be served on that person in electronic form. A withdrawal of 
registration as an e-filer may be filed at the Board's e-Appeal site, 
in which case service is governed by paragraph (h) of this section, or 
by non-electronic means, in which case service is governed by section 
1201.26(b) of this part.
    (f) Form of electronic pleadings--(1) Options for e-filing. An 
appellant or representative using e-Appeal to file a new appeal within 
the Board's appellate jurisdiction (Sec.  1201.3) must complete the 
structured interview at the Board's e-Appeal site (https://e-appeal.mspb.gov). For all other pleadings, the e-filer has the option 
of uploading an electronic file or entering

[[Page 57629]]

the text of the pleading online. Regardless of the means of filing a 
particular pleading, the e-filer will be allowed to submit supporting 
documentation as attachments, in both electronic and paper form, as 
described in paragraphs (f)(2) and (f)(3) of this section.
    (2) Electronic formats allowed. The Board will accept numerous 
electronic formats, including word-processing and spreadsheet formats, 
Portable Document Format (PDF), and image files (files created by 
scanning). A list of formats allowed can be found at the Board's e-
Appeal site. All electronic documents must be formatted so that they 
will print on standard 8\1/2\ inch by 11 inch paper.
    (3) Limitation on number of electronic attachments. E-filers may 
upload up to three electronic files as supporting documentation, in 
addition to the document that constitutes the primary pleading. There 
is no limit on the number of non-electronic documents that may be 
submitted as attachments under paragraph (g) of this section.
    (g) Hybrid pleadings that include both electronic and paper 
documents. An e-filer may file a hybrid pleading in which part of the 
pleading is submitted electronically, and part of the pleading consists 
of one or more paper documents filed by non-electronic means. If one or 
more parts of a hybrid pleading are untimely filed, the judge or the 
Clerk may reject the untimely part or parts while accepting timely 
filed parts of the same pleading.
    (h) Service of electronic pleadings. The Board will serve 
electronic pleadings on other parties and representatives who have 
registered as e-filers. The Board's e-Appeal application will notify 
the e-filer of all documents that must be served by non-electronic 
means. The e-filer must certify that he or she will serve all such 
documents no later than the first business day after the electronic 
submission.
    (i) Documents requiring a signature. An electronic document filed 
by a party who has registered as an e-filer pursuant to this section 
shall be deemed to be signed for purposes of any regulation in part 
1201, 1203, 1208, or 1209 of this title that requires a signature.
    (j) Affidavits and Declarations made under penalty of perjury. 
Registered e-filers may submit electronic pleadings in the form of 
declarations made under penalty of perjury under 28 U.S.C. 1746, as 
described in Appendix IV of this part. If the declarant is someone 
other than the e-filer, a physically signed affidavit or declaration 
should be uploaded as an image file, or submitted separately as a non-
electronic document under paragraph (g) of this section.
    (k) Issuance of Board documents to e-filers. The Board's notices, 
orders, and decisions will be served on e-filers as PDF files attached 
to electronic mail messages, which will be sent to the electronic mail 
address supplied by the e-filer.
    (l) Date electronic documents are received. Pleadings and Board 
documents served electronically on registered e-filers are deemed 
received on the date of electronic submission or, if submitted on a 
weekend or federal holiday, on the first business day after the 
electronic submission.
    (m) Authority of a judge or the Clerk to regulate e-filing--(1) In 
the event that the Board or any party encounters repeated or 
unexplained difficulties filing, serving, or receiving electronic 
documents, the judge or the Clerk of the Board may order one or more 
parties to cease filing pleadings by e-filing, cease serving documents 
in electronic form, or take both these actions. In such instances, 
filing and service shall be undertaken in accordance with Sec.  
1201.26. The authority to order the cessation of the use of electronic 
filing may be for a particular submission, for a particular time frame, 
or for the duration of the pendency of a case.
    (2) A judge or the Clerk of the Board may require that any document 
filed electronically be submitted in non-electronic form and bear the 
written signature of the submitter. A party receiving such an order 
from a judge or the Clerk of the Board shall, within 5 calendar days, 
serve on the judge or Clerk of the Board by regular mail, by facsimile, 
or by commercial or personal delivery a signed, non-electronic copy of 
the document.

0
4. Section 1201.22 is amended by revising paragraphs (d) and (e), and 
by deleting paragraph (f) to read as follows:


Sec.  1201.22  Filing an appeal and responses to appeals.

* * * * *
    (d) Method of filing an appeal. Filing of an appeal must be made 
with the appropriate Board office by commercial or personal delivery, 
by facsimile, by mail, or by electronic filing under Sec.  1201.14.
    (e) Filing a response. Filing of a response must be made with the 
appropriate Board office by commercial or personal delivery, by 
facsimile, by mail, or by electronic filing under Sec.  1201.14.

0
5. Section 1201.24 is amended by revising paragraphs (a) introductory 
text, (a)(9), and (c) to read as follows:


Sec.  1201.24  Content of an appeal; right to hearing.

    (a) Content. Only an appellant, his or her designated 
representative, or a party properly substituted under Sec.  1201.35 may 
file an appeal. Appeals may be in any format, including letter form. An 
appeal may be filed in electronic form provided that the requirements 
of Sec.  1201.14 have been satisfied. All appeals must contain the 
following:
* * * * *
    (9) The signature of the appellant or, if the appellant has a 
representative, of the representative. If the appeal is electronically 
filed, compliance with Sec.  1201.14 and the directions at the Board's 
e-Appeal site (https://e-appeal.mspb.gov) satisfy the signature 
requirement.
* * * * *
    (c) Use of Board form or electronic filing. An appellant may comply 
with paragraph (a) of this section, and with Sec.  1201.31, by 
completing MSPB Form 185, or by completing all requests for information 
marked as required at the e-Appeal site (https://e-appeal.mspb.gov). 
MSPB Form 185 can be accessed at the Board's Web site (http://www.mspb.gov).

0
6. Section 1201.26 is amended by revising paragraphs (a), (b)(2), and 
(c) to read as follows:


Sec.  1201.26  Number of pleadings, service, and response.

    (a) Number. The appellant must file two copies of both the appeal 
and all attachments with the appropriate Board office, unless the 
appellant files an appeal in electronic form under Sec.  1201.14.
* * * * *
    (b)(2) Service by the parties. The parties must serve on each other 
one copy of each pleading, as defined by Sec.  1201.4(b), and all 
documents submitted with it, except for the appeal. They may do so by 
mail, by facsimile, by commercial or personal delivery, or by 
electronic filing in accordance with Sec.  1201.14. Documents and 
pleadings must be served upon each party and each representative. A 
certificate of service stating how and when service was made must 
accompany each pleading. The parties must notify the appropriate Board 
office and one another, in writing, of any changes in the names, or 
addresses on the service list.
    (c) Paper size. Pleadings and attachments must be filed on 8\1/2\ 
by 11-inch paper, except for good cause shown. This requirement enables 
the Board to comply with standards established for U.S. courts. All

[[Page 57630]]

electronic documents must be formatted so that they will print on 8\1/
2\ by 11-inch paper.

0
7. Section 1201.27 is amended by revising paragraph (d) to read as 
follows:


Sec.  1201.27  Class appeals.

* * * * *
    (d) Electronic filing. A request to hear a case as a class appeal 
and any opposition thereto may not be filed in electronic form. 
Subsequent pleadings may be filed and served in electronic form, 
provided that the requirements of Sec.  1201.14 are satisfied.

0
8. Section 1201.31 is amended by revising paragraph (a) to read as 
follows:


Sec.  1201.31  Representatives.

    (a) Procedure. A party to an appeal may be represented in any 
matter related to the appeal. Parties may designate a representative, 
revoke such a designation, and change such a designation in a signed 
submission, submitted as a pleading.
* * * * *

0
9. Section 1201.114 is amended by revising paragraphs (c) and (h) to 
read as follows:


Sec.  1201.114  Filing petition and cross petition for review.

* * * * *
    (c) Place for filing. A petition for review, cross petition for 
review, responses to those petitions, and all motions and pleadings 
associated with them must be filed with the Clerk of the Merit Systems 
Protection Board, Washington, DC 20419, by commercial or personal 
delivery, by facsimile, by mail, or by electronic filing in accordance 
with Sec.  1201.14.
* * * * *
    (h) Service. A party submitting a pleading must serve a copy of it 
on each party and on each representative, as required by paragraph 
(b)(2) of Sec.  1201.26.

0
10. Section 1201.122 is amended by revising paragraphs (b) and (e) to 
read as follows:


Sec.  1201.122  Filing complaint; serving documents on parties.

* * * * *
    (b) Initial filing and service. The Special Counsel must file two 
copies of the complaint, together with numbered and tabbed exhibits or 
attachments, if any, and a certificate of service listing each party or 
the party's representative. The certificate of service must show the 
last known address, telephone number, and facsimile number of each 
party or representative. The Special Counsel must serve a copy of the 
complaint on each party or the party's representative, as shown on the 
certificate of service. The initial filing in a complaint may not be 
submitted in electronic form.
* * * * *
    (e) Electronic filing. All pleadings, other than the complaint, may 
be filed and served in electronic form at the Board's e-Appeal site 
(https://e-appeal.mspb.gov), provided the requirements of Sec.  1201.14 
are satisfied.

0
11. Section 1201.128 is amended by revising paragraphs (b) and (e) to 
read as follows:


Sec.  1201.128  Filing complaint; serving documents on parties.

* * * * *
    (b) Initial filing and service. The Special Counsel must file two 
copies of the complaint, together with numbered and tabbed exhibits or 
attachments, if any, and a certificate of service listing the 
respondent agency or the agency's representative, and each person on 
whose behalf the corrective action is brought. The certificate of 
service must show the last known address, telephone number, and 
facsimile number of the agency or its representative, and each person 
on whose behalf the corrective action is brought. The Special Counsel 
must serve a copy of the complaint on the agency or its representative, 
and each person on whose behalf the corrective action is brought, as 
shown on the certificate of service. The initial filing in a complaint 
may not be submitted in electronic form.
* * * * *
    (e) Electronic filing. All pleadings, other than the complaint, may 
be filed and served in electronic form at the Board's e-Appeal site 
(https://e-appeal.mspb.gov), provided the requirements of Sec.  1201.14 
are satisfied.

0
12. Section 1201.134 is amended by revising paragraphs (d) and (g) to 
read as follows:


Sec.  1201.134  Deciding official; filing stay request; serving 
documents on parties.

* * * * *
    (d) Initial filing and service. The Special Counsel must file two 
copies of the request, together with numbered and tabbed exhibits or 
attachments, if any, and a certificate of service listing the 
respondent agency or the agency's representative. The certificate of 
service must show the last known address, telephone number, and 
facsimile number of the agency or its representative. The Special 
Counsel must serve a copy of the request on the agency or its 
representative, as shown on the certificate of service. The initial 
filing in a request for a stay may not be submitted in electronic form.
* * * * *
    (g) Electronic filing. All pleadings, other than the complaint, may 
be filed and served in electronic form at the Board's e-Appeal site 
(https://e-appeal.mspb.gov), provided the requirements of Sec.  1201.14 
are satisfied.

0
13. Section 1201.137 is amended by revising paragraphs (c) and (f) to 
read as follows:


Sec.  1201.137  Covered actions; filing complaint; serving documents on 
parties.

* * * * *
    (c) Initial filing and service. The agency must file two copies of 
the complaint, together with numbered and tabbed exhibits or 
attachments, if any, and a certificate of service listing each party or 
the party's representative. The certificate of service must show the 
last known address, telephone number, and facsimile number of each 
party or representative. The agency must serve a copy of the complaint 
on each party or the party's representative, as shown on the 
certificate of service. The initial filing in a complaint may not be 
submitted in electronic form.
* * * * *
    (f) Electronic filing. All pleadings, other than the complaint, may 
be filed and served in electronic form at the Board's e-Appeal site 
(https://e-appeal.mspb.gov), provided the requirements of Sec.  1201.14 
are satisfied.

0
14. Section 1201.143 is amended by revising paragraphs (c) and (f) to 
read as follows:


Sec.  1201.143  Right to hearing; filing complaint; serving documents 
on parties.

* * * * *
    (c) Initial filing and service. The appointee must file two copies 
of the request, together with numbered and tabbed exhibits or 
attachments, if any, and a certificate of service listing the agency 
proposing the appointee's removal or the agency's representative. The 
certificate of service must show the last known address, telephone 
number, and facsimile number of the agency or its representative. The 
appointee must serve a copy of the request on the agency or its 
representative, as shown on the certificate of service. The initial 
filing may not be submitted in electronic form.
* * * * *
    (f) Electronic filing. All pleadings, other than the complaint, may 
be filed and served in electronic form at the Board's e-Appeal site 
(https://e-appeal.mspb.gov), provided the requirements of Sec.  1201.14 
are satisfied.

[[Page 57631]]


0
15. Section 1201.153 is amended by revising paragraph (b) to read as 
follows:


Sec.  1201.153  Contents of appeal.

* * * * *
    (b) Use of Board form or Internet filing option. An appellant may 
comply with paragraph (a) of this section by completing MSPB Form 185, 
or by completing all requests for information marked as required at the 
e-Appeal site (https://e-appeal.mspb.gov). MSPB Form 185 can be 
accessed at the Board's Web site (http://www.mspb.gov).

0
16. Section 1201.173 is amended by revising paragraph (k) to read as 
follows:


Sec.  1201.173  Practices and procedures of Special Panel.

* * * * *
    (k) Electronic filing. Pleadings in matters before the Special 
Panel may not be filed or served in electronic form.

PART 1203--[AMENDED]

0
17. The authority citation for part 1203 continues to read as follows:

    Authority: 5 U.S.C. 1204(a), 1204(f), and 1204(h).


0
18. Section 1203.13 is amended by revising paragraph (d) to read as 
follows:


Sec.  1203.13  Filing pleadings.

* * * * *
    (d) Method and date of filing. An initial filing in a request for 
review of a regulation may be filed with the Office of the Clerk by 
mail, by commercial or personal delivery, or by facsimile. Pleadings, 
other than an initial request for a regulation review under this part, 
may be filed with the Office of the Clerk by mail, by commercial or 
personal delivery, by facsimile, or by e-filing in accordance with 
Sec.  1201.14 of this chapter. If the document was submitted by 
certified mail, it is considered to have been filed on the mailing 
date. If it was submitted by regular mail, it is presumed to have been 
filed five days before the Office of the Clerk receives it, in the 
absence of evidence contradicting that presumption. If it was delivered 
personally, it is considered to have been filed on the date the Office 
of the Clerk receives it. If it was submitted by facsimile, the date of 
the facsimile is considered to be the filing date. If it was submitted 
by commercial delivery, the date of filing is the date it was delivered 
to the commercial delivery service. If it was submitted by e-filing, it 
is considered to have been filed on the date of electronic submission.
* * * * *

0
19. Section 1203.14 is amended by revising paragraph (c) to read as 
follows:


Sec.  1203.14  Serving documents.

* * * * *
    (c) Electronic filing. Other than the initial request for a 
regulation review, pleadings in a regulation review proceeding may be 
filed with the Board and served upon other parties by electronic 
filing, provided the requirements of Sec.  1201.14 of this chapter are 
satisfied.

0
20. Section 1203.22 is amended by revising paragraph (a) to read as 
follows:


Sec.  1203.22  Enforcement of order.

    (a) Any party may ask the Board to enforce a final order it has 
issued under this part. The request may be made by filing a petition 
for enforcement with the Office of the Clerk of the Board and by 
serving a copy of the petition on each party to the regulation review. 
The request may be filed in electronic form, provided the requirements 
of Sec.  1201.14 are satisfied. The petition must include specific 
reasons why the petitioning party believes that there has been a 
failure to comply with the Board's order.
* * * * *

PART 1208--[AMENDED]

0
21. The authority citation for part 1208 continues to read as follows:

    Authority: 5 U.S.C. 1204(h), 3330a, 3330b, 38 U.S.C. 4331.

0
22. Section 1208.13 is amended by revising paragraph (c) to read as 
follows:


Sec.  1208.13  Content of appeal; request for hearing.

* * * * *
    (c) Electronic filing. An appeal may be filed electronically by 
using the Board's e-Appeal site (https://e-appeal.mspb.gov) in 
accordance with Sec.  1201.14 of this chapter.

0
23. Section 1208.14 is revised to read as follows:


Sec.  1208.14  Representation by Special Counsel.

    The Special Counsel may represent an appellant in a USERRA appeal 
before the Board. A written statement (in any format) that the 
appellant submitted a written request to the Secretary of Labor that 
the appellant's complaint under 38 U.S.C. 4322(a) be referred to the 
Special Counsel for litigation before the Board, and that the Special 
Counsel has agreed to represent the appellant, will be accepted as the 
written designation of representative required by 5 CFR 1201.31(a). The 
designation of representative may be filed by electronic filing, 
provided the requirements of Sec.  1201.14 of this chapter are 
satisfied.

0
24. Section 1208.23 is amended by revising paragraph (c) to read as 
follows:


Sec.  1208.23  Content of appeal; request for hearing.

* * * * *
    (c) Electronic filing. An appeal may be filed electronically by 
using the Board's e-Appeal site (https://e-appeal.mspb.gov) in 
accordance with Sec.  1201.14 of this chapter.

0
25. Section 1208.24 is amended by revising paragraph (a) to read as 
follows:


Sec.  1208.24  Election to terminate MSPB proceeding.

    (a) Election to terminate. At any time beginning on the 121st day 
after an appellant files a VEOA appeal with the Board, if a judicially 
reviewable Board decision on the appeal has not been issued, the 
appellant may elect to terminate the Board proceeding as provided under 
5 U.S.C. 3330b and file a civil action with an appropriate United 
States district court. Such election must be in writing, signed, filed 
with the Board office where the appeal is being processed, and served 
on the parties. The election is effective immediately on the date of 
receipt by the Board office where the appeal is being processed. The 
election may be filed by electronic filing, provided the requirements 
of Sec.  1201.14 of this chapter are satisfied.
* * * * *

PART 1209--[AMENDED]

0
26. The authority citation for part 1209 continues to read as follows:

    Authority: 5 U.S.C. 1204, 1221, 2302(b)(8), and 7701.

0
27. Section 1209.6 is amended by revising paragraph (d) to read as 
follows:


Sec.  1209.6  Content of appeal; right to hearing.

* * * * *
    (d) Electronic filing. An appeal may be filed electronically by 
using the Board's e-Appeal site (https://e-appeal.mspb.gov) in 
accordance with Sec.  1201.14 of this chapter.

0
28. Section 1209.8 is amended by deleting paragraphs (e) and (f), and 
by revising paragraph (d) to read as follows:


Sec.  1209.8  Filing a request for a stay.

* * * * *
    (d) Method of filing. A stay request must be filed with the 
appropriate Board regional or field office by mail, by facsimile, by 
commercial or personal delivery, or by electronic filing in accordance 
with Sec.  1201.14 of this chapter.
* * * * *


[[Page 57632]]


    Dated: September 22, 2004.
Bentley M. Roberts, Jr.,
Clerk of the Board.
[FR Doc. 04-21589 Filed 9-24-04; 8:45 am]
BILLING CODE 7400-01-P