[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1201.14]

[Page 14-16]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1201_PRACTICES AND PROCEDURES--Table of Contents
 
                Subpart B_Procedures for Appellate Cases
 
Sec.  1201.14  Electronic filing procedures.

    (a) General. This section prescribes the rules and procedures by 
which parties and representatives to proceedings within the Board's 
appellate and original jurisdiction may file and receive documents in 
electronic form.
    (b) Matters subject to electronic filing. Subject to the 
registration requirement of paragraph (e) of this section, parties and 
representatives may use electronic filing (e-filing) to do any of the 
following:
    (1) File any pleading, including a new appeal, in any matter within 
the Board's appellate jurisdiction (Sec.  1201.3);
    (2) File any pleading, other than the original complaint or request, 
in any matter within the Board's original jurisdiction (Sec.  1201.2);
    (3) File a petition for enforcement of a final Board decision (Sec.  
1201.182);
    (4) File a motion for attorney fees as a prevailing party (Sec.  
1201.203);
    (5) File a motion for compensatory or consequential damages (Sec.  
1201.204);
    (6) Designate a representative, revoke such a designation, or change 
such a designation (Sec.  1201.31); or
    (7) Notify the Board of a change in contact information such as 
address (geographic or electronic mail) or telephone number.
    (c) Matters excluded from electronic filing. Electronic filing may 
not be used to:
    (1) File the original complaint or request in a matter within the 
Board's original jurisdiction, which includes: a complaint filed by the 
Special Counsel seeking corrective or disciplinary action (Sec. Sec.  
1201.122, 1201.128); a request by the Special Counsel for the stay of 
certain personnel actions (Sec.  1201.134); a proposal to take action 
against an administrative law judge under 5 U.S.C. 7521 (Sec.  
1201.137); or a request for a hearing on a proposed removal of a career 
appointee from the Senior Executive Service for performance reasons 
(Sec.  1201.143);
    (2) File a request to hear a case as a class appeal or any 
opposition thereto (Sec.  1201.27);
    (3) Serve a subpoena (Sec.  1201.83); or
    (4) File a pleading with the Special Panel (Sec.  1201.137).
    (d) Internet is sole venue for electronic filing. Following the 
instructions at the Board's e-Appeal site (https://e-appeal.mspb.gov) is 
the only method allowed for filing electronic pleadings with the Board. 
The Board will not accept pleadings filed by electronic mail.
    (e) Registration as an e-filer. (1) Except when filing a new appeal 
within the Board's appellate jurisdiction (Sec.  1201.3), no party or 
representative may file an electronic pleading with the Board unless he 
or she has registered with the Board as an e-filer. Registration as an 
e-filer constitutes consent to accept electronic service of pleadings 
filed by other registered e-filers and documents issued by the Board.
    (2) The exclusive means for a party or representative to register as 
an e-filer during a Board proceeding is to follow

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the instructions at the Board's e-Appeal site (https://e-
appeal.mspb.gov).
    (3) When a party who is an individual is represented, the party and 
the representative can make separate determinations whether to register 
as an e-filer. For example, an appellant may file and receive pleadings 
and Board documents by non-electronic means, even though his or her 
representative has registered as an e-filer. Similarly, when a party has 
more than one representative, each representative has the choice of 
registering as an e-filer or filing and receiving pleadings and Board 
documents by non-electronic means.
    (4) A party or representative who has registered as an e-filer may 
file any pleading, or portion of a pleading as described in paragraph 
(g) of this section, by non-electronic means.
    (5) A party or representative may withdraw his or her registration 
as an e-filer. Such withdrawal means that, effective upon the Board's 
receipt of this withdrawal, pleadings and Board documents will no longer 
be served on that person in electronic form. A withdrawal of 
registration as an e-filer may be filed at the Board's e-Appeal site, in 
which case service is governed by paragraph (h) of this section, or by 
non-electronic means, in which case service is governed by section 
1201.26(b) of this part.
    (f) Form of electronic pleadings--(1) Options for e-filing. An 
appellant or representative using e-Appeal to file a new appeal within 
the Board's appellate jurisdiction (Sec.  1201.3) must complete the 
structured interview at the Board's e-Appeal site (https://e-
appeal.mspb.gov). For all other pleadings, the e-filer has the option of 
uploading an electronic file or entering the text of the pleading 
online. Regardless of the means of filing a particular pleading, the e-
filer will be allowed to submit supporting documentation as attachments, 
in both electronic and paper form, as described in paragraphs (f)(2) and 
(f)(3) of this section.
    (2) Electronic formats allowed. The Board will accept numerous 
electronic formats, including word-processing and spreadsheet formats, 
Portable Document Format (PDF), and image files (files created by 
scanning). A list of formats allowed can be found at the Board's e-
Appeal site. All electronic documents must be formatted so that they 
will print on standard 8\1/2\ inch by 11 inch paper.
    (3) Limitation on number of electronic attachments. E-filers may 
upload up to three electronic files as supporting documentation, in 
addition to the document that constitutes the primary pleading. There is 
no limit on the number of non-electronic documents that may be submitted 
as attachments under paragraph (g) of this section.
    (g) Hybrid pleadings that include both electronic and paper 
documents. An e-filer may file a hybrid pleading in which part of the 
pleading is submitted electronically, and part of the pleading consists 
of one or more paper documents filed by non-electronic means. If one or 
more parts of a hybrid pleading are untimely filed, the judge or the 
Clerk may reject the untimely part or parts while accepting timely filed 
parts of the same pleading.
    (h) Service of electronic pleadings. The Board will serve electronic 
pleadings on other parties and representatives who have registered as e-
filers. The Board's e-Appeal application will notify the e-filer of all 
documents that must be served by non-electronic means. The e-filer must 
certify that he or she will serve all such documents no later than the 
first business day after the electronic submission.
    (i) Documents requiring a signature. An electronic document filed by 
a party who has registered as an e-filer pursuant to this section shall 
be deemed to be signed for purposes of any regulation in part 1201, 
1203, 1208, or 1209 of this title that requires a signature.
    (j) Affidavits and declarations made under penalty of perjury. 
Registered e-filers may submit electronic pleadings in the form of 
declarations made under penalty of perjury under 28 U.S.C. 1746, as 
described in Appendix IV of this part. If the declarant is someone other 
than the e-filer, a physically signed affidavit or declaration should be 
uploaded as an image file, or submitted separately as a non-electronic 
document under paragraph (g) of this section.
    (k) Issuance of Board documents to e-filers. The Board's notices, 
orders, and

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decisions will be served on e-filers as PDF files attached to electronic 
mail messages, which will be sent to the electronic mail address 
supplied by the e-filer.
    (l) Date electronic documents are received. Pleadings and Board 
documents served electronically on registered e-filers are deemed 
received on the date of electronic submission or, if submitted on a 
weekend or federal holiday, on the first business day after the 
electronic submission.
    (m) Authority of a judge or the Clerk to regulate e-filing. (1) In 
the event that the Board or any party encounters repeated or unexplained 
difficulties filing, serving, or receiving electronic documents, the 
judge or the Clerk of the Board may order one or more parties to cease 
filing pleadings by e-filing, cease serving documents in electronic 
form, or take both these actions. In such instances, filing and service 
shall be undertaken in accordance with Sec.  1201.26. The authority to 
order the cessation of the use of electronic filing may be for a 
particular submission, for a particular time frame, or for the duration 
of the pendency of a case.
    (2) A judge or the Clerk of the Board may require that any document 
filed electronically be submitted in non-electronic form and bear the 
written signature of the submitter. A party receiving such an order from 
a judge or the Clerk of the Board shall, within 5 calendar days, serve 
on the judge or Clerk of the Board by regular mail, by facsimile, or by 
commercial or personal delivery a signed, non-electronic copy of the 
document.

[69 FR 57628, Sept. 27, 2004]

                   Appeal of Agency Action; Pleadings