[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Proposed Rules]
[Pages 37567-37568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16141]


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POSTAL SERVICE

39 CFR Parts 961, 966


Rules of Practice Before the Judicial Officer

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the rules of practice 
prescribed by the Judicial Officer relative to debt collection 
proceedings against current and former postal employees. These 
amendments are necessary to implement a new electronic filing system.

DATES: Comments must be received on or before July 31, 2015.

ADDRESSES: Postal Service Judicial Officer Department, 2101 Wilson 
Boulevard, Suite 600, Arlington, VA 22201-3078.

FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E. 
Shapiro, (703) 812-1910.

SUPPLEMENTARY INFORMATION: 

A. Background

    The Judicial Officer Department recently implemented an electronic 
filing system. Changes to the rules of practice concerning debt 
collection proceedings against current and former postal employees (39 
CFR parts 961 and 966, respectively) are necessary to accommodate the 
new system, and to establish rules relative to that system. No other 
changes to the rules are proposed.

B. Explanation of Changes

Amendments to 39 CFR Part 961

    In Sec.  961.4, concerning filing a petition:
     Paragraph (a) is amended to identify the internet address 
for the electronic filing system.
     Paragraph (b) is amended to indicate that a sample 
petition is available through the electronic filing system.
    In Sec.  961.6, concerning the filing, docketing and serving of 
documents, paragraph (a) is amended to indicate when documents 
submitted by parties are considered received, and to indicate when 
service of documents on the opposing party is required for purposes of 
the electronic filing system.

Amendments to 39 CFR Part 966

    In Sec.  966.4, concerning filing a petition:
     Paragraph (c) is amended to identify the internet address 
for the electronic filing system.
     Paragraph (d) is amended to indicate that a sample 
petition is available through the electronic filing system.
    In Sec.  966.6, concerning the filing, docketing and serving of 
documents, paragraph (a) is amended to indicate when documents 
submitted by parties are considered received, and to indicate when 
service of documents on the opposing party is required for purposes of 
the electronic filing system.

List of Subjects

39 CFR Part 961

    Claims, Government employees, Wages.

39 CFR Part 966

    Administrative practice and procedure, Claims, Government 
employees, Wages.

    Accordingly, for the reasons stated, the Postal Service proposes to 
amend 39 CFR parts 961 and 966 as follows:

PART 961--RULES OF PRACTICE IN PROCEEDINGS UNDER SECTION 5 OF THE 
DEBT COLLECTION ACT

0
1. The authority citation for 39 CFR part 961 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401; 5 U.S.C. 5514.

0
2. In Sec.  961.4, revise the first sentence of paragraph (a), and add 
a sentence at the beginning of paragraph (b) to read as follows:


Sec.  961.4  Employee petition for a hearing.

    (a) If an employee desires a hearing, prescribed by section 5 of 
the Debt Collection Act, to challenge the Postal Service's 
determination of the existence or amount of a debt, or to challenge the 
involuntary repayment terms proposed by the Postal Service, the 
employee must file a written petition electronically at https://uspsjoe.justware.com/justiceweb, or by mail at Recorder, Judicial 
Officer Department, United States Postal Service, 2101 Wilson Blvd., 
Suite 600, Arlington, VA 22201-3078, on or before the fifteenth (15th) 
calendar day following the receipt of the Postal Service's ``Notice of 
Involuntary Administrative Salary Offsets Under the Debt Collection 
Act.'' * * *
    (b) A sample petition is available through the Judicial Officer 
Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* 
* *
* * * * *
0
3. Revise paragraph (a) of Sec.  961.6 to read as follows:


Sec.  961.6  Filing, docketing and serving documents; computation of 
time; representation of parties.

    (a) Filing. After a petition is filed, all documents relating to 
the Debt Collection Act hearing proceedings must be filed using the 
electronic filing system unless the Hearing Official permits otherwise. 
Documents submitted using the electronic filing system are considered 
filed as of the date/time (Eastern Time) reflected in the system. 
Documents mailed to the Recorder are considered filed on the date 
mailed as evidenced by a United States Postal Service postmark. Filings 
by any other means are considered filed upon receipt by the Recorder of 
a complete copy of the filing during normal business hours (Normal 
Recorder office business hours are between 8:45 a.m. and 4:45 p.m., 
Eastern Time). If both parties are participating via the electronic 
filing system, separate service upon the opposing party is not 
required. Otherwise, documents shall be served personally or by mail on 
the opposing

[[Page 37568]]

party, noting on the document filed, or on the transmitting letter, 
that a copy has been so furnished.
* * * * *

PART 966--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO 
ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER EMPLOYEES OF THE 
POSTAL SERVICE

0
4. The authority citation for 39 CFR part 966 continues to read as 
follows:

    Authority:  31 U.S.C. 3716; 39 U.S.C. 204, 401, 2601.

0
5. In Sec.  966.4, revise paragraph (c), and add a sentence at the 
beginning of paragraph (d) to read as follows:


Sec.  966.4  Petition for a hearing and supplement to petition.

* * * * *
    (c) Within thirty (30) calendar days after the date of receipt of 
the Accounting Service Center's decision upon reconsideration, after 
the expiration of sixty (60) calendar days after a request for 
reconsideration where a reconsideration determination is not made, or 
following an administrative offset taken without prior notice and 
opportunity for reconsideration pursuant to paragraph (b)(1) of this 
section, the former employee must file a written petition 
electronically at https://uspsjoe.justware.com/justiceweb, or by mail 
at Recorder, Judicial Officer Department, United States Postal Service, 
2101 Wilson Blvd., Suite 600, Arlington, VA 22201-3078.
    (d) A sample petition is available through the Judicial Officer 
Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* 
* *
* * * * *
0
6. Revise paragraph (a) of Sec.  966.6 to read as follows:


Sec.  966.6  Filing, docketing and serving documents; computation of 
time; representation of parties.

    (a) Filing. After a petition is filed, all documents required under 
this part must be filed using the electronic filing system unless the 
Hearing Official permits otherwise. Documents submitted using the 
electronic filing system are considered filed as of the date/time 
(Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours (Normal Recorder office business 
hours are between 8:45 a.m. and 4:45 p.m., Eastern Time). If both 
parties are participating via the electronic filing system, separate 
service upon the opposing party is not required. Otherwise, documents 
shall be served personally or by mail on the opposing party, noting on 
the document filed, or on the transmitting letter, that a copy has been 
so furnished.
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015-16141 Filed 6-30-15; 8:45 am]
 BILLING CODE 7710-12-P