2098903 Notice of Proposed Rulemaking amending 6 DCMR B 501, Construction, Computation and Extensions of Time, Filing and Service of Documents

PUBLIC EMPLOYEE RELATIONS BOARD

NOTICE OF PROPOSED RULEMAKING

The Public Employee Relations Board (Board), pursuant to the District of Columbia Government Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Official Code § 1-605.02(11) (2006 Repl. & 2011 Supp.) and D.C. Official Code §1-617.02(a)-(d) (2006 Repl.), hereby gives notice of the following proposed rulemaking, which amends chapter 5, Rules of the Public Employee Relations Board, of subtitle B, Government Personnel, of title 6, Personnel, of the District of Columbia Municipal Regulations (DCMR).

 

The Board seeks to amend its rules to delete and add methods of service of pleadings before the Board.  The Board intends to take final rulemaking action in not less than thirty (30) days from the date of publication of the notice in the D.C. Register. 

 

Chapter 5, RULES OF THE PUBLIC EMPLOYEE RELATIONS BOARD, of subtitle B, GOVERNMENT PERSONNEL, of title 6, PERSONNEL, of the DCMR:

 

Section 501, CONSTRUCTION, COMPUTATION AND EXTENSIONS OF TIME, FILING AND SERVICE OF DOCUMENTS, subsections 501.10 through 501.12 and 501.16 are amended to read as follows:

 

501.10             Repealed.

 

501.11             A pleading shall not be considered filed with the Board unless it is received electronically pursuant to subsection 561.4 of these rules.  In the case of an individual acting pro se (See subsection 501.16 and section 561) a pleading shall not be considered filed with the Board unless it is personally delivered to the offices of the Board during business hours as defined in subsection 500.8 of these rules.   Pleadings personally submitted to the Board after business hours shall be treated as filed on the following business day.

 

501.12             A party submitting a pleading to the Board may utilize the electronic service provided by LEXISNEXIS® FILE & SERVE in accordance with section 561 of these rules; and shall concurrently serve a copy of the pleading on every other party, unless otherwise directed by these rules or by instructions from the Board.  If a party is represented by an attorney or other representative, it shall be sufficient to serve the attorney or representative. Every pleading filed with the Board shall include a signed certificate of service naming all other parties and attorneys or representatives, if any, on whom concurrent service was made, and shall state how and when such service was made.

 

501.16             Service of pleadings shall be complete when: (1) electronically filed in accordance with the procedures delineated in section 561 through the Board’s designated vendor, LEXISNEXIS® FILE & SERVE (Vendor), which can be contacted online at www.lexisnexis.com; or (2) on personal delivery during business hours as defined in subsection 500.8 of these rules. An unrepresented individual acting pro se, may utilize the Board’s public access terminal to upload the document.

 

 

Comments on this proposed rulemaking shall be: submitted in writing to David. B. Washington,  Public Employee Relations Board, 1100 4^th Street, S.W.., Suite E630, Washington, D.C. 20024; sent by an email to [e-mail]; telephoned to [phone]; or sent by fax to [phone].  Comments shall be submitted within thirty (30) days of the date of publication of this notice in the D.C. Register.  Copies of the proposed rule may be obtained by writing to Ondray T. Harris, Executive Director, Public Employee Relations Board, 1100 4^th Street, S.W., Suite E630, Washington, D.C. 20024.