§ 1201.14 Electronic filing procedures. ( a ) *General.* This section prescribes the rules and procedures by which parties and representatives to proceedings within the MSPB's appellate and original jurisdiction may file and receive documents electronically.
( b ) *System for electronic filing.* ( 1 ) The MSPB's e-Appeal system is the exclusive system for electronic filing (e-filing) with the MSPB. Except as specifically provided, the MSPB will not accept pleadings filed by email. The link to e-Appeal is available at the MSPB's website (*https://www.mspb.gov*).
( 2 ) e-Appeal is a closed system that collects and maintains records as part of an MSPB system of records and is subject to the provisions of the Privacy Act of 1974. Access to cases in e-Appeal is limited to the parties participating in a Board proceeding who have registered as e-filers with the MSPB, and authorized individuals providing legal support to designated representatives.
( c ) *Matters subject to electronic filing.* Subject to the registration requirement of paragraph (e) of this section, parties and representatives may use e-filing to do any of the following: ( 1 ) File any pleading, including a new appeal, in any matter within the MSPB's appellate jurisdiction (§ 1201.3);
( 2 ) File any pleading, including a new complaint, in any matter within the MSPB's original jurisdiction (§ 1201.2);
( 3 ) File a petition for enforcement of a final MSPB decision (§ 1201.182);
( 4 ) File a request for attorney fees (§ 1201.203);
( 5 ) File a request for compensatory, consequential, or liquidated damages (§ 1201.204);
( 6 ) Designate a representative, revoke such a designation, or change such a designation (§ 1201.31);
( 7 ) Notify the MSPB of a change in contact information such as address (geographic or email) or telephone number; or
( 8 ) Receive a requested subpoena from the Board for issuance to a witness (§ 1201.83).
( d ) *Matters excluded from e-filing.* E-filing may not be used to: ( 1 ) File a request to hear a case as a class appeal or any opposition thereto (§ 1201.27);
( 2 ) Serve a subpoena on a witness (§ 1201.83);
( 3 ) File a pleading with the Special Panel (§ 1201.137);
( 4 ) File a pleading that contains Sensitive Security Information (SSI) (49 CFR parts 15 and 1520);
( 5 ) File a pleading that contains classified information (32 CFR part 2001); or
( 6 ) File a request to intervene or participate as an *amicus curiae* or file a brief as amicus curiae pursuant to § 1201.34.
( e ) Registration as an e-filer. ( 1 ) The exclusive means to register as an e-filer is to follow the instructions at e-Appeal using a unique email address.
( 2 ) Registration as an e-filer constitutes consent to accept electronic service of pleadings filed by other e-filers and documents issued by the MSPB. No one may electronically file a new appeal or a pleading with the MSPB, or view the case record in an assigned appeal, unless registered as an e-filer.
( 3 ) Registration as an e-filer applies to all MSPB proceedings with which the e-filer is associated in their e-Appeal role (appellant, appellant representative, or agency representative). If an individual requires more than one e-Appeal role (*e.g.,* appellant and appellant representative), they must register for each role separately using a different email address.
( 4 ) All notices, orders, decisions, and other documents issued by the MSPB, as well as all pleadings filed by parties, will be made available for viewing and downloading at e-Appeal. Access to documents at e-Appeal is limited to the parties and representatives who are registered e-filers in the appeals in which they were filed.
( 5 ) Agency representatives and appellant attorney representatives must register as e-filers.
( 6 ) Each e-filer must promptly update their e-Appeal profile and notify the MSPB and other participants of any change in their address, telephone number, or email address by filing a pleading in each pending proceeding with which they are associated.
( 7 ) An appellant or an appellant non-attorney representative may withdraw their registration as an e-filer pursuant to requirements set forth in e-Appeal policies posted to the MSPB's website. Such withdrawal means that, effective upon the MSPB's processing of a proper withdrawal, pleadings and MSPB documents will no longer be served on that person electronically and that person will no longer have electronic access to their case records through e-Appeal. A withdrawal of registration as an e-filer may preclude future re-registering as an e-filer.
( f ) *Pleadings by e-filers.* Agency representatives and appellant attorney representatives must file all pleadings using e-Appeal, except those pleadings excluded from e-filing by paragraph (d) of this section. A pleading, or any part thereof, filed by non-electronic means, *i.e.,* via postal mail, facsimile, or personal or commercial delivery, may be rejected.
( g ) *Agency Initial Contacts.* ( 1 ) Agencies are required to designate a specific individual as an initial agency representative to whom the Board will serve a copy of an appeal when it is docketed. Agency initial contacts are responsible for monitoring case activity regularly at e-Appeal.
( 2 ) Agency initial contacts must be designated pursuant to requirements set forth in e-Appeal policies posted to the MSPB's website.
( h ) *Form of electronic pleadings* — ( 1 ) *Electronic formats allowed.* E-Appeal accepts 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 is set forth in e-Appeal policies posted to the MSPB's website. Pleadings filed via e-Appeal must be formatted so that they will print on 81 ⁄ 2-inch by 11-inch paper in portrait orientation. Parties are responsible for reviewing all pleadings to confirm legibility and to minimize the inclusion of nonrelevant personally identifiable information.
( 2 ) *Requirements for pleadings with electronic attachments.* An e-filer who uploads supporting documents, in addition to the document that constitutes the primary pleading, must identify each attachment, either by bookmarking the document using e-Appeal, or by uploading the supporting documents in the form of one or more PDF files in which each attachment is bookmarked. Bookmark names must comply with requirements set forth in e-Appeal policies posted to the MSPB's website and include information such as a brief descriptive label with dates (*e.g.,* “Oct. 1, 2021—Decision Notice”).
( 3 ) *Submission of audio and video evidence.* Audio and video evidence must be submitted according to the formatting and submission requirements set forth in e-Appeal policies posted to the MSPB's website.
( i ) *Service of electronic pleadings and MSPB documents.* ( 1 ) When MSPB documents are issued or when parties e-file any pleadings, e-Appeal will send an email notification to other parties who are e-filers. When using e-Appeal to file a pleading, e-filers will be notified of all documents that must be served by non-electronic means, and they must certify that they will serve all such documents no later than the first business day after the electronic submission.
( 2 ) Delivery of email can encounter failure points. E-filers are responsible for ensuring that email from *mspb.gov* is not blocked by filters.
( 3 ) E-filers are responsible for monitoring case activity regularly at e-Appeal to ensure that they have received all case-related documents.
( j ) *Documents requiring a signature.* Electronic documents filed by an e-filer pursuant to this section shall be deemed to be signed by the e-filer for purposes of any regulation in part 1201, 1203, 1208, or 1209 of this chapter that requires a signature.
( k ) *Affidavits and declarations made under penalty of perjury.* 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 to this part. If the declarant is someone other than the e-filer, a signed affidavit or declaration should be uploaded as an image file or with an acceptable digital signature that complies with requirements set forth in e-Appeal policies posted to the MSPB's website.
( l ) *Date electronic documents are filed and served.* ( 1 ) As provided in § 1201.4(l) of this part, the date of filing for pleadings filed via e-Appeal is the date of electronic submission. All pleadings filed via e-Appeal are time stamped with Eastern Time, but the timeliness of a pleading will be determined based on the time zone from which the pleading was submitted. For example, a pleading filed at 11 p.m. Pacific Time on August 20 will be stamped by e-Appeal as being filed at 2 a.m. Eastern Time on August 21. However, if the pleading was required to be filed with the Washington Regional Office (in the Eastern Time Zone) on August 20, it would be considered timely, as it was submitted prior to midnight Pacific Time on August 20.
( 2 ) MSPB documents served electronically on e-filers are deemed received on the date of electronic transmission.
( m ) *Authority of MSPB to regulate e-filing.* ( 1 ) A judge or the Clerk of the Board may issue orders regulating the method of submissions for a particular period or particular submissions.
( 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.
( 3 ) The MSPB may order any party or authorized individual to cease participation as an e-filer or access to e-Appeal in circumstances that constitute a misuse of the system or a failure to comply with law, rule, regulation, or policy governing use of a U.S. government information system.
( 4 ) MSPB reserves the right to revert to traditional methods of service. The MSPB may serve documents via traditional means—postal mail, facsimile, commercial or personal delivery—at its discretion. Parties and their representatives are responsible for ensuring that the MSPB always has their current postal mailing addresses, even when they are e-filers.
[88 FR 67056, Sept. 29, 2023]