U.S. MERIT SYSTEMS PROTECTION BOARD

PROCEDURES FOR MAKING LIMITED EXCEPTIONS TO 

5 C.F.R. §§ 1201.14(d) AND 1201.26(b) DURING THE 

CORONAVIRUS (COVID-19) PANDEMIC AND THE 

NATIONAL EMERGENCY

These procedures apply only when the Chairman, Acting Chairman, or 

acting chief administrative and executive officer so directs to ensure MSPB can 

efficiently and effectively continue its adjudicatory mission during the 2020 

Coronavirus Pandemic and the National Emergency. This policy may be revoked 

or amended at any time at the discretion of the Chairman, Acting Chairman, or 

acting chief administrative and executive officer.

MSPB regulations prohibit the use of electronic mail (e-mail) as a method 

of filing pleadings in MSPB appeals. 5 C.F.R. § 1201.14(d) provides: “Internet 

is sole venue for electronic filing. Following the instructions at e-Appeal 

Online, the MSPB’s e-Appeal site (https://e-appeal.mspb.gov), is the only 

method allowed for filing electronic pleadings with the MSPB. The MSPB will 

not accept pleadings filed by electronic mail (e-mail).” Pursuant to 5 C.F.R. 

§ 1201.26(b), “The parties must serve on each other one copy of each pleading 

. . . by mail, by facsimile, by commercial or personal delivery, or by electronic 

filing in accordance with § 1201.14.”

Pursuant to 5 C.F.R. § 1201.12, the Board may waive any of its

adjudicatory regulations. Also pursuant to § 1201.12, an administrative judge 

may, for good cause shown, waive an MSPB adjudicatory regulation unless a 

statute requires application of the regulation. The judge must give notice of the 

waiver to all parties, but is not required to give the parties an opportunity to 

respond. Further, MSPB’s Organization Functions and Delegations of Authority

provides the Clerk of the Board with certain adjudicatory delegations and 

functions, including the authority to “accept or reject documents” (April 2011, 

§ 2.3.5); see also 5 C.F.R. § 1201.114(l) (providing the Clerk of the Board with 

authority to reject material that does not conform to the procedural requirements 

of Subpart C of Part 1201). Because specific methods of filing and serving

appeals and pleadings are not required by statute, MSPB may waive the 

prohibition on the use of e-mail as such a method. 
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Accordingly, at MSPB’s sole discretion, a party may file or serve appeals 

and pleadings by e-mail, subject to the following:

1. The Regional Director (RD), Chief Administrative Judge (CAJ), Clerk of 

the Board, or their respective designee, or the administrative judge or 

administrative law judge (ALJ), must determine, at their discretion:

a. The party does not have access to e-Appeal Online; or

b. Using e-Appeal Online would be unduly burdensome for the party 

(after receiving a credible, specific, and detailed explanation, e.g., 

medical disability or accommodation, lack of computer access, lack 

of internet service).

2. An administrative judge, ALJ, Office Director, or designee must notify 

and consult with the Office Director, RD, CAJ, Clerk of the Board, or 

whomever these persons may designate, regarding the decision whether to 

permit e-mail pleadings by a party.

3. The Office Director, RD, CAJ, Clerk of the Board, or their respective 

designee, or the administrative judge or ALJ, must give notice of the 

waiver of 5 C.F.R. §§ 1201.14(d) and 1201.26(b)(2) to all parties. Upon

such notice, all parties in the case may serve pleadings by e-mail.

4. Due to security issues regarding access to MSPB e-mail addresses as well 

as potential prohibited ex parte communications, the party must use the 

applicable MSPB office’s general e-mail box to file new appeals and 

pleadings with MSPB.

5. Registered e-Appeal e-filers should continue to use e-Appeal to file 

pleadings on MSPB and on registered e-Appeal parties, unless the e-filer 

meets one of the limited exceptions under section 1, above. 

6. The administrative judge, ALJ, or Office Director designee may require 

the party to return to traditional methods of filing and serving pleadings 

after notifying and consulting with the Office Director, RD, CAJ, or 

whomever these persons may designate.

7. E-mail may not be used to: (a) file a request to hear a case as a class 

appeal or any opposition thereto (§ 1201.27); (b) serve a subpoena 

(§ 1201.83); (c) file a pleading with a Special Panel (§ 1201.173); (d) file 

a pleading containing Sensitive Security Information (SSI) (49 C.F.R. 

Parts 15 and 1520); (e) file a pleading containing classified information 

(32 C.F.R. Part 2001); or (f) file a request to participate as an amicus 

curiae or file a brief as amicus curiae (§ 1201.34).

A party who has been authorized to submit pleadings via e-mail may attach 

Microsoft Word or regular portable document format (PDF) files (excluding PDF 

Portfolio files, PDFs with attached or embedded files, or PDFs with embedded 

electronic signatures). If a party has another file type to submit as part of a

pleading, the party must contact the appropriate regional office or Office of the 

Clerk of the Board first for guidance on how to proceed.

After a determination that the party meets the above requirements, MSPB, at 

its sole discretion, may serve issuances on any party by e-mail, using the 

applicable MSPB office’s general e-mail box. 
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Pursuant to 5 C.F.R. § 1201.12, MSPB may also waive the requirement to 

serve the appellant by U.S. Mail. If a represented appellant cannot use e-Appeal 

or e-mail as a method of service for any reason, MSPB may order the appellant’s 

designated representative to instead serve all issuances and pleadings on the 

appellant by any available method. However, if it is the appellant’s designated 

representative who cannot use e-Appeal or e-mail as a method of service, the 

appellant will not be ordered to serve issuances or pleadings on that 

representative and adjudication will not proceed.

All e-mailed pleadings will be uploaded to MSPB’s Document Management 

System, and will appear in proper order in the official record of the case. See 5 

C.F.R. § 1201.53(e). 

March 27, 2020