2867822 Proposed Amendment to Rules 501.6, 501.11 and 501.16

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. & 2012 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 clarify requirements for electronic filing 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 501.6, 501.11 and 501.16 are amended to read as follows:

 

 

 

501.6               All pleadings filed with the Board shall be in the form designated by these rules. If the Board has not designated a form, the party filing a pleading with the Board shall only use a page layout size of 8 1/2 x 11 inches and shall include the following:

 

(a)        The name, address, and telephone number of each party, if known;

 

(b)        The title of the proceeding and the case number, if known;

 

(c)        The name, title, address, and telephone number of the person signing and the date of signing; and

 

(d)       A certificate of service.

 

 

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.  An individual acting pro se (See subsection 501.16 and section 561) shall  comply with this requirement by personally delivering the pleading to PERB’s offices during business hours as defined in PERB Rule 500.8, creating a pro se account with LEXISNEXIS FILE & SERVE, and uploading the pleading to be filed using PERB’s public access terminal. 

 

 

501.16             Service of pleadings shall be complete when 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, if an individual acting pro se, by utilizing PERB’s public access terminal with LEXISNEXIS FILE & SERVE during business hours as defined in subsection 500.8 of this chapter.   

 

 

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.