Rules of Practice Before the Judicial Officer, 54722-54723 [2015-22881]

Agencies

• Postal Service

[Federal Register Volume 80, Number 176 (Friday, September 11, 2015)]
[Rules and Regulations]
[Pages 54722-54723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22881]


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POSTAL SERVICE

39 CFR Parts 961 and 966


Rules of Practice Before the Judicial Officer

AGENCY: Postal Service.

ACTION: Final rule.

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SUMMARY: This document contains the final revisions to the rules of 
practice before the Judicial Officer relative to debt collection 
against current and former employees. These revisions are necessary to 
implement an electronic filing system.

DATES: Effective date: September 11, 2015.

ADDRESSES: Written inquiries may be directed to: Postal Service 
Judicial Officer Department, 2101 Wilson Boulevard, Suite 600, 
Arlington, VA 22201-3078.

FOR FURTHER INFORMATION CONTACT: Associate Judicial Officer Gary E. 
Shapiro, (703) 812-1910.

SUPPLEMENTARY INFORMATION: 

A. Background

    On July 1, 2015, the Judicial Officer Department published for 
comment proposed revisions to the rules of practice before the Judicial 
Officer relative to debt collection against current and former postal 
employees (39 CFR parts 961 and 966, respectively) to implement an 
electronic filing system (80 FR 37567-8). The period for comments 
closed on July 31, 2015, and no comments were received. The Judicial 
Officer has made no further revisions to the original proposed rules, 
which are now adopted as final.

B. Parts Affected

    Part 961 of title 39, Code of Federal Regulations, contains the 
rules of practice in proceedings under section 5 of the Debt Collection 
Act of 1982, as amended, 5 U.S.C. 5514, in which the Judicial Officer 
or an assigned Hearing Official provides the final agency adjudication 
for debt collection assessments by administrative salary offset issued 
by the Postal Service seeking to collect a debt owed it by a current 
employee. This authority is delegated by the Postmaster General.
    Part 966 of title 39, Code of Federal Regulations, contains the 
rules of practice in proceedings relative to administrative offsets 
initiated against former employees of the Postal Service under section 
10 of the Debt Collection Act of 1982, as amended, 31 U.S.C. 3716, in 
which the Judicial Officer provides the final agency adjudication for 
debt collection assessments by administrative offset issued by the 
Postal Service seeking to collect a debt owed it by a former employee. 
This authority is delegated by the Postmaster General.

C. Explanation of Changes

Amendments to 39 CFR Part 961

    In Sec.  961.4, concerning filing a petition:
     Paragraph (a) is amended to identify the internet address 
for the electronic filing system.
     Paragraph (b) is amended to indicate that a sample 
petition is available through the electronic filing system.
    In Sec.  961.6, concerning the filing, docketing, and serving of 
documents, paragraph (a) is amended to indicate when documents 
submitted by parties are considered received, and to indicate when 
service of documents on the opposing party is required for purposes of 
the electronic filing system.

Amendments to 39 CFR Part 966

    In Sec.  966.4, concerning filing a petition:
     Paragraph (c) is amended to identify the internet address 
for the electronic filing system.
     Paragraph (d) is amended to indicate that a sample 
petition is available through the electronic filing system.
    In Sec.  966.6, concerning the filing, docketing, and serving of 
documents, paragraph (a) is amended to indicate when documents 
submitted by parties are considered received, and to indicate when 
service of documents on the opposing party is required for purposes of 
the electronic filing system.

List of Subjects

39 CFR Part 961

    Claims, Government employees, Wages.

39 CFR Part 966

    Administrative practice and procedure, Claims, Government 
employees, Wages.

    Accordingly, for the reasons stated, the Postal Service amends 39 
CFR parts 961 and 966 as follows:

PART 961--RULES OF PRACTICE IN PROCEEDINGS UNDER SECTION 5 OF THE 
DEBT COLLECTION ACT

0
1. The authority citation for 39 CFR part 961 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401; 5 U.S.C. 5514.


0
2. In Sec.  961.4, revise the first sentence of paragraph (a), and add 
a sentence at the beginning of paragraph (b) introductory text to read 
as follows:


Sec.  961.4  Employee petition for a hearing.

    (a) If an employee desires a hearing, prescribed by section 5 of 
the Debt Collection Act, to challenge the Postal Service's 
determination of the existence or amount of a debt, or to challenge the 
involuntary repayment terms proposed by the Postal Service, the 
employee must file a written petition electronically at https://uspsjoe.justware.com/justiceweb, or by mail at Recorder, Judicial 
Officer Department, United States Postal Service, 2101 Wilson Blvd., 
Suite 600, Arlington, VA 22201-3078, on or before the fifteenth (15th) 
calendar day following the receipt of the Postal Service's ``Notice of 
Involuntary Administrative Salary Offsets Under the Debt Collection 
Act.'' * * *
    (b) A sample petition is available through the Judicial Officer 
Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* 
* *
* * * * *

0
3. In Sec.  961.6, revise paragraph (a) to read as follows:


Sec.  961.6  Filing, docketing, and serving documents; computation of 
time; representation of parties.

    (a) Filing. After a petition is filed, all documents relating to 
the Debt Collection Act hearing proceedings must be filed using the 
electronic filing system unless the Hearing Official permits otherwise. 
Documents submitted using the electronic filing system are considered 
filed as of the date/time (Eastern Time) reflected in the system. 
Documents mailed to the Recorder are considered filed on the date 
mailed as evidenced by a United States Postal Service postmark. Filings 
by any other means are considered filed upon receipt by the Recorder of 
a complete copy of the filing during normal business hours (Normal 
Recorder office business hours are between 8:45 a.m. and 4:45 p.m., 
Eastern Time). If both parties are participating via the electronic 
filing

[[Page 54723]]

system, separate service upon the opposing party is not required. 
Otherwise, documents shall be served personally or by mail on the 
opposing party, noting on the document filed, or on the transmitting 
letter, that a copy has been so furnished.
* * * * *

PART 966--RULES OF PRACTICE IN PROCEEDINGS RELATIVE TO 
ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER EMPLOYEES OF THE 
POSTAL SERVICE

0
4. The authority citation for 39 CFR part 966 continues to read as 
follows:

    Authority:  31 U.S.C. 3716; 39 U.S.C. 204, 401, 2601.


0
5. In Sec.  966.4, revise paragraph (c), and add a sentence at the 
beginning of paragraph (d) introductory text to read as follows:


Sec.  966.4  Petition for a hearing and supplement to petition.

* * * * *
    (c) Within thirty (30) calendar days after the date of receipt of 
the Accounting Service Center's decision upon reconsideration, after 
the expiration of sixty (60) calendar days after a request for 
reconsideration where a reconsideration determination is not made, or 
following an administrative offset taken without prior notice and 
opportunity for reconsideration pursuant to paragraph (b)(1) of this 
section, the former employee must file a written petition 
electronically at https://uspsjoe.justware.com/justiceweb, or by mail 
at Recorder, Judicial Officer Department, United States Postal Service, 
2101 Wilson Blvd., Suite 600, Arlington, VA 22201-3078.
    (d) A sample petition is available through the Judicial Officer 
Electronic Filing Web site (https://uspsjoe.justware.com/justiceweb).* 
* *
* * * * *

0
6. In Sec.  966.6, revise paragraph (a) to read as follows:


Sec.  966.6  Filing, docketing, and serving documents; computation of 
time; representation of parties.

    (a) Filing. After a petition is filed, all documents required under 
this part must be filed using the electronic filing system unless the 
Hearing Official permits otherwise. Documents submitted using the 
electronic filing system are considered filed as of the date/time 
(Eastern Time) reflected in the system. Documents mailed to the 
Recorder are considered filed on the date mailed as evidenced by a 
United States Postal Service postmark. Filings by any other means are 
considered filed upon receipt by the Recorder of a complete copy of the 
filing during normal business hours (Normal Recorder office business 
hours are between 8:45 a.m. and 4:45 p.m., Eastern Time). If both 
parties are participating via the electronic filing system, separate 
service upon the opposing party is not required. Otherwise, documents 
shall be served personally or by mail on the opposing party, noting on 
the document filed, or on the transmitting letter, that a copy has been 
so furnished.
* * * * *

Stanley F. Mires,
Attorney, Federal Compliance.
[FR Doc. 2015-22881 Filed 9-10-15; 8:45 am]
 BILLING CODE 7710-12-P