80 FR 37567 - Rules of Practice Before the Judicial Officer
POSTAL SERVICE Federal Register Volume 80, Issue 126 (July 1, 2015)
Federal Register Volume 80, Issue 126 (July 1, 2015)
| Page Range | 37567-37568 | |
| FR Document | 2015-16141 |
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)] [Proposed Rules] [Pages 37567-37568] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16141] ----------------------------------------------------------------------- POSTAL SERVICE 39 CFR Parts 961, 966 Rules of Practice Before the Judicial Officer AGENCY: Postal Service. ACTION: Proposed rule. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules 37567
§ 957.15 Computation of time. A. Background PART 961—RULES OF PRACTICE IN
A designated period of time under the PROCEEDINGS UNDER SECTION 5 OF
The Judicial Officer Department THE DEBT COLLECTION ACT
rules in this part excludes the day the recently implemented an electronic
period begins, and includes the last day filing system. Changes to the rules of ■ 1. The authority citation for 39 CFR
of the period unless the last day is a practice concerning debt collection part 961 continues to read as follows:
Saturday, Sunday, or legal holiday, in proceedings against current and former
which event the period runs until the Authority: 39 U.S.C. 204, 401; 5 U.S.C.
postal employees (39 CFR parts 961 and 5514.
close of business on the next business 966, respectively) are necessary to
day. ■ 2. In § 961.4, revise the first sentence
accommodate the new system, and to of paragraph (a), and add a sentence at
§ 957.16 Official record. establish rules relative to that system. the beginning of paragraph (b) to read as
No other changes to the rules are follows:
The transcript of testimony together proposed.
with all pleadings, orders, exhibits, § 961.4 Employee petition for a hearing.
briefs, and other documents filed in the B. Explanation of Changes
(a) If an employee desires a hearing,
proceeding shall constitute the official Amendments to 39 CFR Part 961 prescribed by section 5 of the Debt
record of the proceeding.
Collection Act, to challenge the Postal
In § 961.4, concerning filing a Service’s determination of the existence
§ 957.17 Public information.
petition: or amount of a debt, or to challenge the
The Postal Service shall maintain for • Paragraph (a) is amended to identify involuntary repayment terms proposed
public inspection copies of all findings the internet address for the electronic by the Postal Service, the employee
of fact issued under this Part, and make filing system. must file a written petition
them available through the Postal
Service Web site. The Recorder • Paragraph (b) is amended to electronically at https://
indicate that a sample petition is uspsjoe.justware.com/justiceweb, or by
maintains the complete official record of mail at Recorder, Judicial Officer
every proceeding. available through the electronic filing
system. Department, United States Postal
§ 957.18 Ex parte communications. In § 961.6, concerning the filing, Service, 2101 Wilson Blvd., Suite 600,
docketing and serving of documents, Arlington, VA 22201–3078, on or before
The provisions of 5 U.S.C. 551(14),
paragraph (a) is amended to indicate the fifteenth (15th) calendar day
556(d), and 557(d) prohibiting ex parte
when documents submitted by parties following the receipt of the Postal
communications are made applicable to
are considered received, and to indicate Service’s ‘‘Notice of Involuntary
proceedings under these rules of
when service of documents on the Administrative Salary Offsets Under the
practice.
opposing party is required for purposes Debt Collection Act.’’ * * *
Stanley F. Mires, of the electronic filing system. (b) A sample petition is available
Attorney, Federal Compliance. through the Judicial Officer Electronic
[FR Doc. 2015–16143 Filed 6–30–15; 8:45 am]
Amendments to 39 CFR Part 966 Filing Web site (https://
uspsjoe.justware.com/justiceweb).* * *
BILLING CODE 7710–12–P In § 966.4, concerning filing a
petition: * * * * *
■ 3. Revise paragraph (a) of § 961.6 to
POSTAL SERVICE • Paragraph (c) is amended to identify read as follows:
the internet address for the electronic
39 CFR Parts 961, 966 filing system. § 961.6 Filing, docketing and serving
documents; computation of time;
• Paragraph (d) is amended to representation of parties.
Rules of Practice Before the Judicial indicate that a sample petition is
Officer (a) Filing. After a petition is filed, all
available through the electronic filing
documents relating to the Debt
system.
AGENCY: Postal Service. Collection Act hearing proceedings
In § 966.6, concerning the filing, must be filed using the electronic filing
ACTION: Proposed rule. docketing and serving of documents, system unless the Hearing Official
paragraph (a) is amended to indicate permits otherwise. Documents
SUMMARY: This document proposes to when documents submitted by parties
amend the rules of practice prescribed submitted using the electronic filing
are considered received, and to indicate system are considered filed as of the
by the Judicial Officer relative to debt when service of documents on the
collection proceedings against current date/time (Eastern Time) reflected in the
opposing party is required for purposes system. Documents mailed to the
and former postal employees. These of the electronic filing system.
amendments are necessary to Recorder are considered filed on the
implement a new electronic filing List of Subjects date mailed as evidenced by a United
system. States Postal Service postmark. Filings
39 CFR Part 961 by any other means are considered filed
DATES: Comments must be received on upon receipt by the Recorder of a
Claims, Government employees,
or before July 31, 2015. complete copy of the filing during
Wages.
ADDRESSES: Postal Service Judicial normal business hours (Normal
39 CFR Part 966
tkelley on DSK3SPTVN1PROD with PROPOSALS
Officer Department, 2101 Wilson Recorder office business hours are
Boulevard, Suite 600, Arlington, VA between 8:45 a.m. and 4:45 p.m.,
Administrative practice and
22201–3078. Eastern Time). If both parties are
procedure, Claims, Government
participating via the electronic filing
FOR FURTHER INFORMATION CONTACT: employees, Wages.
system, separate service upon the
Associate Judicial Officer Gary E. Accordingly, for the reasons stated, opposing party is not required.
Shapiro, (703) 812–1910. the Postal Service proposes to amend 39 Otherwise, documents shall be served
SUPPLEMENTARY INFORMATION: CFR parts 961 and 966 as follows: personally or by mail on the opposing
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![37568 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Proposed Rules
party, noting on the document filed, or submitted using the electronic filing indicating that the petitioned actions
on the transmitting letter, that a copy system are considered filed as of the may be warranted, we find that one
has been so furnished. date/time (Eastern Time) reflected in the petition does not present substantial
* * * * * system. Documents mailed to the information that the petitioned entity
Recorder are considered filed on the may be a listable entity under the Act,
PART 966—RULES OF PRACTICE IN date mailed as evidenced by a United and we find that one petition does not
PROCEEDINGS RELATIVE TO States Postal Service postmark. Filings present substantial information that the
ADMINISTRATIVE OFFSETS INITIATED by any other means are considered filed petitioned entity may be a listable entity
AGAINST FORMER EMPLOYEES OF upon receipt by the Recorder of a under the Act and does not present
THE POSTAL SERVICE complete copy of the filing during substantial scientific or commercial
normal business hours (Normal information indicating that the
■ 4. The authority citation for 39 CFR
Recorder office business hours are petitioned action may be warranted, and
part 966 continues to read as follows:
between 8:45 a.m. and 4:45 p.m., we are not initiating status reviews in
Authority: 31 U.S.C. 3716; 39 U.S.C. 204, Eastern Time). If both parties are response to these petitions. We refer to
401, 2601. participating via the electronic filing these as ‘‘not-substantial petition
■ 5. In § 966.4, revise paragraph (c), and system, separate service upon the findings.’’ Based on our review, we find
add a sentence at the beginning of opposing party is not required. that 21 petitions present substantial
paragraph (d) to read as follows: Otherwise, documents shall be served scientific or commercial information
personally or by mail on the opposing indicating that the petitioned actions
§ 966.4 Petition for a hearing and party, noting on the document filed, or
supplement to petition. may be warranted. Therefore, with the
on the transmitting letter, that a copy publication of this document, we are
* * * * * has been so furnished. initiating a review of the status of each
(c) Within thirty (30) calendar days
* * * * * of these species to determine if the
after the date of receipt of the
petitioned actions are warranted. To
Accounting Service Center’s decision Stanley F. Mires,
ensure that these status reviews are
upon reconsideration, after the Attorney, Federal Compliance.
comprehensive, we are requesting
expiration of sixty (60) calendar days [FR Doc. 2015–16141 Filed 6–30–15; 8:45 am]
scientific and commercial data and
after a request for reconsideration where BILLING CODE 7710–12–P
other information regarding these
a reconsideration determination is not
made, or following an administrative species. Based on the status reviews, we
offset taken without prior notice and will issue 12-month findings on the
DEPARTMENT OF THE INTERIOR petitions, which will address whether
opportunity for reconsideration
pursuant to paragraph (b)(1) of this the petitioned action is warranted, as
Fish and Wildlife Service
section, the former employee must file provided in section 4(b)(3)(B) of the Act.
a written petition electronically at 50 CFR Part 17 DATES: To allow us adequate time to
https://uspsjoe.justware.com/justiceweb, conduct the status reviews, we request
[4500030115]
or by mail at Recorder, Judicial Officer that we receive information on or before
Department, United States Postal Endangered and Threatened Wildlife August 31, 2015. Information submitted
Service, 2101 Wilson Blvd., Suite 600, and Plants; 90-Day Findings on 31 electronically using the Federal
Arlington, VA 22201–3078. Petitions eRulemaking Portal (see ADDRESSES,
(d) A sample petition is available below) must be received by 11:59 p.m.
through the Judicial Officer Electronic AGENCY: Fish and Wildlife Service, Eastern Time on the closing date.
Filing Web site (https:// Interior.
uspsjoe.justware.com/justiceweb).* * * ACTION: Notice of petition findings and ADDRESSES: Not-substantial petition
initiation of status reviews. findings: The not-substantial petition
* * * * *
findings announced in this document
■ 6. Revise paragraph (a) of § 966.6 to
read as follows: SUMMARY: We, the U.S. Fish and are available on http://
Wildlife Service (Service), announce 90- www.regulations.gov under the
§ 966.6 Filing, docketing and serving day findings on various petitions to list appropriate docket number (see Table 1,
documents; computation of time; 30 species and one petition that below). Supporting information in
representation of parties. describes itself as a petition to reclassify preparing these findings is available for
(a) Filing. After a petition is filed, all one species under the Endangered public inspection, by appointment,
documents required under this part Species Act of 1973, as amended (Act). during normal business hours by
must be filed using the electronic filing Based on our review, we find that eight contacting the appropriate person, as
system unless the Hearing Official petitions do not present substantial specified under FOR FURTHER
permits otherwise. Documents scientific or commercial information INFORMATION CONTACT.
TABLE 1—NOT-SUBSTANTIAL PETITION FINDINGS
Species Docket No. Docket link
Blue Ridge gray-cheeked FWS–R4–ES–2015–0042 .. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0042
tkelley on DSK3SPTVN1PROD with PROPOSALS
salamander.
Caddo Mountain salamander FWS–R4–ES–2015–0043 .. http://www.regulations.gov/#!docketDetail;D=FWS-R4-ES-2015-0043
California giant salamander FWS–R8–ES–2015–0044 .. http://www.regulations.gov/#!docketDetail;D=FWS-R8-ES-2015-0044
Colorado checkered whiptail FWS–R6–ES–2015–0048 .. http://www.regulations.gov/#!docketDetail;D=FWS-R6-ES-2015-0048
Distinct population segment FWS–R8–ES–2015–0049 .. http://www.regulations.gov/#!docketDetail;D=FWS-R8-ES-2015-0049
of North American wild
horse.
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Document Created: 2015-12-15 13:19:37
Document Modified: 2015-12-15 13:19:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before July 31, 2015. | |
| Contact | Associate Judicial Officer Gary E. Shapiro, (703) 812-1910. | |
| FR Citation | 80 FR 37567 | |
| CFR Citation | 39
CFR
961 39 CFR 966 | |
| CFR Associated | Claims; Government Employees; Wages and Administrative Practice and Procedure |
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