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PUBLIC EMPLOYEE RELATIONS BOARD
NOTICE OF FINAL 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 adoption of a rulemaking, which amends section 501 (Construction, Computation and Extension of Time, Filing and Service of Documents), of 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 amendment to the rules repeals and modifies methods of service of pleadings before the Board consistent with the adoption of an electronic filing system. In Board Rule 501.11, the word “may” is changed to shall to maintain consistency with the language used in Board Rule 561 and requisite nature of the Board’s electronic filing system. In addition, Board Rule 501.16 has been amended to clarify that only individuals filing pro se may personally deliver filings to the office.
This proposed amendment was previously published for public comment as an amendment to chapter 5 of subtitle B of title 6 of the DCMR. See Notice of Proposed Rulemaking published at 59 DCR 2468 (March 30, 2012). No comments of general objection were received in response to that notice and no substantive changes have been made.
The Board adopted the rules as final on April 24, 2012. These final rules will become effective upon publication of this 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501.10 Repealed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 shall 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) an unrepresented individual acting pro se provides a filing by 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.
