Office of the Chief Administrative Hearing Officer Electronic Filing Pilot Program, 31143-31144 [2014-12183]

Download as PDF Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Antitrust Division Executive Office for Immigration Review Notice Pursuant to the National Cooperative Research and Production Act of 1993—Institute of Environmental Sciences and Technology mstockstill on DSK4VPTVN1PROD with NOTICES Notice is hereby given that, on April 24, 2014, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), Institute of Environmental Sciences and Technology (‘‘IEST’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, IEST’s principal place of business has changed to Arlington Heights, IL. Also, the nature and scope of IEST’s standards development activities have changed to: Contamination Control (CC); Design, Test, and Evaluation (DT&E); and Product Reliability (PR). The areas of interest are as follows: CC—Air cleanliness, air filtration, cleanroom and clean zone design and testing, cleanroom operation, consumables used in cleanrooms, nanotechnology facilities and operations, and pertinent equipment and tools; DT&E— Mechanical shock and vibration equipment and applications, test methods and analysis techniques for various categories of military and consumer equipment, dynamic data acquisition and analysis; and PR— Environmental stress screening for manufacturing processes, reliability testing. On September 21, 2004, IEST filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 3, 2004 (69 FR 70282). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2014–12528 Filed 5–29–14; 8:45 am] BILLING CODE 4410–11–P VerDate Mar<15>2010 18:23 May 29, 2014 Jkt 232001 [Docket No. EOIR 182] Office of the Chief Administrative Hearing Officer Electronic Filing Pilot Program Office of the Chief Administrative Hearing Officer, Executive Office for Immigration Review, Department of Justice. ACTION: Public notice. AGENCY: The Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), is creating a voluntary pilot program to test an electronic filing system in certain cases filed with OCAHO under 8 U.S.C. 1324a and 1324b. This notice describes the procedures for participation in the pilot program. DATES: The pilot program will be in effect from May 30, 2014 until November 26, 2014. Parties who enroll in the pilot program with respect to a particular case within these dates will be permitted to continue utilizing electronic filing throughout the pendency of that case. FOR FURTHER INFORMATION CONTACT: Jeff Rosenblum, General Counsel, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 20530, telephone (703) 305– 0470 (not a toll-free call). SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review (EOIR), Department of Justice (Department), is establishing a pilot program that would allow parties in cases before OCAHO’s Administrative Law Judge (ALJ) and Chief Administrative Hearing Officer (CAHO) to file case-related documents by email. Currently, parties before OCAHO submit paper filings to OCAHO, and simultaneously serve a physical copy of each document on other parties to the case. Under this pilot program, both filing with OCAHO and service on other parties could be accomplished by email in eligible cases. OCAHO is undertaking this initiative to attempt to make submission of case documents more convenient for parties and to reduce the time and expense presently incurred with paper filings. On April 1, 2013, EOIR published a final rule in the Federal Register establishing a mandatory electronic PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 31143 registry (eRegistry) for all attorneys and accredited representatives who practice before EOIR’s immigration courts and the Board of Immigration Appeals (Board). See 78 FR 19400. eRegistry is part of a long-term agency plan to create an electronic case access and filing system for the immigration courts and the Board, pursuant to the Government Paperwork Elimination Act (GPEA), Public Law 105–277, 112 Stat. 2681–750 (1998). OCAHO is not currently participating in eRegistry, for a number of reasons. First, OCAHO’s cases are filed and tracked in different databases than and differ in both substance and procedure from those handled by the immigration courts and the Board. Second, while many attorneys and accredited representatives appear repeatedly before the immigration courts and the Board in different cases, OCAHO does not encounter as many repeat representatives in its cases. Additionally, many parties in OCAHO cases appear pro se or are represented by non-attorneys (for example, business managers or human resources specialists) for only a single case. Therefore, OCAHO does not believe that a formal registry is necessary or useful for its cases at this time. However, in order to align OCAHO procedures with the rest of the agency as it moves toward a system for electronic filing in cases before the immigration courts and the Board, OCAHO is instituting this temporary, limited, and voluntary electronic filing pilot program. Implementation of this pilot program on a small scale will allow OCAHO to test and evaluate operating an electronic filing system. At the conclusion of the pilot program, OCAHO will assess its experience and determine the best course of action for the development of a more comprehensive and permanent electronic filing system. OCAHO also welcomes input from the public in this regard. This notice describes the basic procedures for applying for and participating in the pilot program. As detailed herein, OCAHO also intends to send more detailed instructions for participation directly to the parties in eligible cases. II. Eligibility to Participate An opportunity to participate in the pilot program will be offered in all OCAHO cases filed within 180 days of the effective date of this notice. Enrollment in the pilot program will be limited to those cases in which both parties: (1) Elect to participate and (2) certify that they and/or their E:\FR\FM\30MYN1.SGM 30MYN1 31144 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES representative(s) have access to the technology necessary to comply with the procedures for electronic filing and that access to the parties’ email will be provided only to authorized individuals. This technology includes access to a scanner that can create documents in portable document format (PDF), up-to-date software for creating and reading PDF documents, and an email account that can send and receive email attachments up to ten (10) megabytes in size. While all new OCAHO cases will be eligible for the pilot, OCAHO may limit the total number of cases that will be accepted into the pilot program once it commences, as circumstances require. III. Procedures for Participation OCAHO cases commence with the filing of a complaint, by Immigration and Customs Enforcement (ICE) in cases brought under 8 U.S.C. 1324a and 8 U.S.C. 1324c, or by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), or the charging or injured party in cases brought under 8 U.S.C. 1324b. OCAHO subsequently issues a Notice of Case Assignment to both parties, assigning the case to an OCAHO ALJ and giving the respondent the opportunity to file an answer. After the respondent files an answer, the ALJ issues an order for prehearing statements, setting a schedule for discovery and dispositive motions. Under this pilot program, once OCAHO receives the respondent’s answer, OCAHO will invite parties to participate in the pilot by mailing to both parties instructions outlining the procedures for the pilot and the certification form the parties must complete and sign in order to participate in the pilot program. In order to enroll in the pilot, each party must submit the signed certification form in hard copy to OCAHO and serve a copy of the certification on the opposing party. The certification must: Identify the email address the party will use for all caserelated communications and submissions; certify that only authorized individuals will have access to that email address; attest that the party has access to the necessary technology; and consent to abide by the specific procedures for filing and service outlined in the e-filing instructions that will be sent to each party. If both parties to a case agree to participate in the pilot and meet the certification requirements, they will be notified by mail and email that their case has been accepted into the pilot program. Thereafter, all case documents shall be filed with OCAHO and served VerDate Mar<15>2010 18:23 May 29, 2014 Jkt 232001 on the opposing party in the case by email. All documents submitted under this pilot that require a signature under 28 CFR 68.7, including motions, briefs, and other pleadings, must include a handwritten, scanned signature. All files submitted by email must be in PDF. For cases enrolled in the pilot program, all decisions and orders issued by the ALJ (or, in cases of administrative review, the CAHO) will be signed, scanned, and emailed to both parties in the case. The pilot will be entirely voluntary. A case will not be accepted into the pilot unless both parties consent in writing to participate. Once accepted, the parties will be responsible for all activity and communications from their designated email account. Parties who elect not to participate in the pilot will continue to file and receive case documents as set forth in 28 CFR part 68. IV. Additional Information The pilot program will be effective for 180 days after the date of this notice. Parties who properly enroll in the pilot program during this 180-day period will be allowed to continue filing by email throughout the duration of their case before OCAHO, even if the case remains pending beyond the 180-day pilot period. OCAHO will continue to accept paper submissions in accordance with the procedures at 28 CFR part 68 in all cases not enrolled in the pilot program. Parties and their representatives will be responsible for all activity and communications with OCAHO conducted from the party’s or representative’s designated email account. Parties and their representatives must take necessary steps to ensure that only authorized individuals have access to the party’s or representative’s designated email account and all official case documents sent and received through that email account, as those documents may contain sensitive or protected privacy information. Dated: May 15, 2014. Juan P. Osuna, Director. [FR Doc. 2014–12183 Filed 5–29–14; 8:45 am] BILLING CODE 4410–30–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA–2014–032] Records Schedules; Availability and Request for Comments National Archives and Records Administration (NARA) AGENCY: PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 Notice of availability of proposed records schedules; request for comments ACTION: The National Archives and Records Administration (NARA) publishes notices at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize preservation of records of continuing value in the National Archives of the United States and destruction, after a specified period, of records lacking administrative, legal, research, or other value. NARA publishes notices for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: Requests for copies must be received in writing on or before June 30, 2014. Once NARA completes the appraisal of the records, NARA will send a copy of the schedule. NARA staff usually prepare appraisal memoranda that contain additional information concerning the records covered by a proposed schedule. These, too, may be requested and will be provided once the appraisal is completed. Requesters will be given 30 days to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting Records Management Services (ACNR) using one of the following means: Mail: NARA (ACNR), 8601 Adelphi Road, College Park, MD 20740–6001. Email: request.schedule@nara.gov. FAX: 301–837–3698. Requesters must cite the control number, which appears in parentheses after the name of the agency which submitted the schedule, and must provide a mailing address. Those who desire appraisal reports should so indicate in their request. FOR FURTHER INFORMATION CONTACT: Margaret Hawkins, Director, Records Management Services (ACNR), National Archives and Records Administration, 8601 Adelphi Road, College Park, MD 20740–6001. Telephone: 301–837–1799. Email: request.schedule@nara.gov. SUPPLEMENTARY INFORMATION: Each year, Federal agencies create billions of records on paper, film, magnetic tape, and other media. To control this accumulation, agency records managers SUMMARY: E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31143-31144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12183]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

[Docket No. EOIR 182]


Office of the Chief Administrative Hearing Officer Electronic 
Filing Pilot Program

AGENCY: Office of the Chief Administrative Hearing Officer, Executive 
Office for Immigration Review, Department of Justice.

ACTION: Public notice.

-----------------------------------------------------------------------

SUMMARY: The Office of the Chief Administrative Hearing Officer 
(OCAHO), Executive Office for Immigration Review (EOIR), is creating a 
voluntary pilot program to test an electronic filing system in certain 
cases filed with OCAHO under 8 U.S.C. 1324a and 1324b. This notice 
describes the procedures for participation in the pilot program.

DATES: The pilot program will be in effect from May 30, 2014 until 
November 26, 2014. Parties who enroll in the pilot program with respect 
to a particular case within these dates will be permitted to continue 
utilizing electronic filing throughout the pendency of that case.

FOR FURTHER INFORMATION CONTACT: Jeff Rosenblum, General Counsel, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
2600, Falls Church, Virginia 20530, telephone (703) 305-0470 (not a 
toll-free call).

SUPPLEMENTARY INFORMATION:

I. Background

    The Office of the Chief Administrative Hearing Officer (OCAHO), 
Executive Office for Immigration Review (EOIR), Department of Justice 
(Department), is establishing a pilot program that would allow parties 
in cases before OCAHO's Administrative Law Judge (ALJ) and Chief 
Administrative Hearing Officer (CAHO) to file case-related documents by 
email. Currently, parties before OCAHO submit paper filings to OCAHO, 
and simultaneously serve a physical copy of each document on other 
parties to the case. Under this pilot program, both filing with OCAHO 
and service on other parties could be accomplished by email in eligible 
cases. OCAHO is undertaking this initiative to attempt to make 
submission of case documents more convenient for parties and to reduce 
the time and expense presently incurred with paper filings.
    On April 1, 2013, EOIR published a final rule in the Federal 
Register establishing a mandatory electronic registry (eRegistry) for 
all attorneys and accredited representatives who practice before EOIR's 
immigration courts and the Board of Immigration Appeals (Board). See 78 
FR 19400. eRegistry is part of a long-term agency plan to create an 
electronic case access and filing system for the immigration courts and 
the Board, pursuant to the Government Paperwork Elimination Act (GPEA), 
Public Law 105-277, 112 Stat. 2681-750 (1998).
    OCAHO is not currently participating in eRegistry, for a number of 
reasons. First, OCAHO's cases are filed and tracked in different 
databases than and differ in both substance and procedure from those 
handled by the immigration courts and the Board. Second, while many 
attorneys and accredited representatives appear repeatedly before the 
immigration courts and the Board in different cases, OCAHO does not 
encounter as many repeat representatives in its cases. Additionally, 
many parties in OCAHO cases appear pro se or are represented by non-
attorneys (for example, business managers or human resources 
specialists) for only a single case. Therefore, OCAHO does not believe 
that a formal registry is necessary or useful for its cases at this 
time.
    However, in order to align OCAHO procedures with the rest of the 
agency as it moves toward a system for electronic filing in cases 
before the immigration courts and the Board, OCAHO is instituting this 
temporary, limited, and voluntary electronic filing pilot program. 
Implementation of this pilot program on a small scale will allow OCAHO 
to test and evaluate operating an electronic filing system. At the 
conclusion of the pilot program, OCAHO will assess its experience and 
determine the best course of action for the development of a more 
comprehensive and permanent electronic filing system. OCAHO also 
welcomes input from the public in this regard.
    This notice describes the basic procedures for applying for and 
participating in the pilot program. As detailed herein, OCAHO also 
intends to send more detailed instructions for participation directly 
to the parties in eligible cases.

II. Eligibility to Participate

    An opportunity to participate in the pilot program will be offered 
in all OCAHO cases filed within 180 days of the effective date of this 
notice. Enrollment in the pilot program will be limited to those cases 
in which both parties: (1) Elect to participate and (2) certify that 
they and/or their

[[Page 31144]]

representative(s) have access to the technology necessary to comply 
with the procedures for electronic filing and that access to the 
parties' email will be provided only to authorized individuals. This 
technology includes access to a scanner that can create documents in 
portable document format (PDF), up-to-date software for creating and 
reading PDF documents, and an email account that can send and receive 
email attachments up to ten (10) megabytes in size. While all new OCAHO 
cases will be eligible for the pilot, OCAHO may limit the total number 
of cases that will be accepted into the pilot program once it 
commences, as circumstances require.

III. Procedures for Participation

    OCAHO cases commence with the filing of a complaint, by Immigration 
and Customs Enforcement (ICE) in cases brought under 8 U.S.C. 1324a and 
8 U.S.C. 1324c, or by the Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC), or the charging or injured 
party in cases brought under 8 U.S.C. 1324b. OCAHO subsequently issues 
a Notice of Case Assignment to both parties, assigning the case to an 
OCAHO ALJ and giving the respondent the opportunity to file an answer. 
After the respondent files an answer, the ALJ issues an order for 
prehearing statements, setting a schedule for discovery and dispositive 
motions. Under this pilot program, once OCAHO receives the respondent's 
answer, OCAHO will invite parties to participate in the pilot by 
mailing to both parties instructions outlining the procedures for the 
pilot and the certification form the parties must complete and sign in 
order to participate in the pilot program.
    In order to enroll in the pilot, each party must submit the signed 
certification form in hard copy to OCAHO and serve a copy of the 
certification on the opposing party. The certification must: Identify 
the email address the party will use for all case-related 
communications and submissions; certify that only authorized 
individuals will have access to that email address; attest that the 
party has access to the necessary technology; and consent to abide by 
the specific procedures for filing and service outlined in the e-filing 
instructions that will be sent to each party. If both parties to a case 
agree to participate in the pilot and meet the certification 
requirements, they will be notified by mail and email that their case 
has been accepted into the pilot program. Thereafter, all case 
documents shall be filed with OCAHO and served on the opposing party in 
the case by email. All documents submitted under this pilot that 
require a signature under 28 CFR 68.7, including motions, briefs, and 
other pleadings, must include a handwritten, scanned signature. All 
files submitted by email must be in PDF.
    For cases enrolled in the pilot program, all decisions and orders 
issued by the ALJ (or, in cases of administrative review, the CAHO) 
will be signed, scanned, and emailed to both parties in the case.
    The pilot will be entirely voluntary. A case will not be accepted 
into the pilot unless both parties consent in writing to participate. 
Once accepted, the parties will be responsible for all activity and 
communications from their designated email account. Parties who elect 
not to participate in the pilot will continue to file and receive case 
documents as set forth in 28 CFR part 68.

IV. Additional Information

    The pilot program will be effective for 180 days after the date of 
this notice. Parties who properly enroll in the pilot program during 
this 180-day period will be allowed to continue filing by email 
throughout the duration of their case before OCAHO, even if the case 
remains pending beyond the 180-day pilot period. OCAHO will continue to 
accept paper submissions in accordance with the procedures at 28 CFR 
part 68 in all cases not enrolled in the pilot program.
    Parties and their representatives will be responsible for all 
activity and communications with OCAHO conducted from the party's or 
representative's designated email account. Parties and their 
representatives must take necessary steps to ensure that only 
authorized individuals have access to the party's or representative's 
designated email account and all official case documents sent and 
received through that email account, as those documents may contain 
sensitive or protected privacy information.

    Dated: May 15, 2014.
Juan P. Osuna,
Director.
[FR Doc. 2014-12183 Filed 5-29-14; 8:45 am]
BILLING CODE 4410-30-P

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