Procedures for Previously Exempt State and Local Government Employee Complaints of Employment Discrimination Under Section 304 of the Government Employee Rights Act of 1991, 32154-32158 [2023-10575]
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Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Proposed Rules
party to the hearing using your or their
telephone number(s).
■ 11. In § 416.1444, revise the second
sentence of to read as follows:
* * * At the hearing, the
administrative law judge looks fully into
the issues, questions you and the other
witnesses, and, subject to the provisions
of § 416.1435, accepts as evidence any
documents that are material to the
issues; may stop the hearing temporarily
and continue it at a later date if the
administrative law judge finds that there
is material evidence missing at the
hearing or one or more variables outside
of our control, such as audio quality or
video quality, materially affects the
hearing; and may reopen the hearing at
any time before the administrative law
judge mails a notice of the decision in
order to receive new and material
evidence. * * *
■ 12. In § 416.1476, revise paragraph (c)
to read as follows:
Procedures before the Appeals
*
*
*
*
*
(c) Oral argument. You may request to
appear before the Appeals Council to
present oral argument in support of your
request for review. The Appeals Council
will grant your request if it decides that
your case raises an important question
of law or policy or that oral argument
would help to reach a proper decision.
If your request to appear is granted, the
Appeals Council will tell you the time
and place of the oral argument at least
10 business days before the scheduled
date. The Appeals Council will
determine whether your appearance
will be by audio, video, or in person as
set forth in § 416.1436. The Appeals
Council will determine whether any
other person relevant to the proceeding
will appear by audio, video, or in
person as set forth in § 416.1436(c)(4).
[FR Doc. 2023–10564 Filed 5–18–23; 8:45 am]
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29 CFR Part 1603
RIN 3046–AB09
§ 416.1444 Administrative law judge
hearing procedures-general.
§ 416.1476
Council.
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Procedures for Previously Exempt
State and Local Government Employee
Complaints of Employment
Discrimination Under Section 304 of
the Government Employee Rights Act
of 1991
Equal Employment
Opportunity Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Equal Employment
Opportunity Commission (EEOC or
Commission) is proposing to amend its
existing regulations by which state and
local government employees who were
previously exempt from coverage under
Title VII of the Civil Rights Act of 1964
may bring claims of employment
discrimination pursuant to the
Government Employee Rights Act of
1991. The EEOC proposes to amend the
regulations to explicitly provide for
digital transmission of documents, to
update the regulation based upon the
text of other regulations or statutes, and
to make a number of editorial revisions
to improve clarity and correct errors.
DATES: Comments on the notice of
proposed rulemaking must be received
on or before July 18, 2023.
ADDRESSES: You may submit comments,
identified by RIN Number 3046–AB09,
by any of the following methods—
please use only one method:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions on the website for
submitting comments.
• Fax: Comments totaling six or fewer
pages may be sent by fax machine to
(202) 663–4114. Receipt of fax
transmittals will not be acknowledged,
except that the sender may request
confirmation of receipt by calling the
Executive Secretariat staff at (202) 921–
2815 (voice), (800) 669–6820 (TTY), or
(844) 234–5122 (ASL Video Phone).
• Mail: Comments may be submitted
by mail to Raymond Windmiller,
Executive Officer, Executive Secretariat,
Equal Employment Opportunity
Commission, 131 M Street NE,
Washington, DC 20507.
• Hand Delivery/Courier: Raymond
Windmiller, Executive Officer,
Executive Secretariat, U.S. Equal
Employment Opportunity Commission,
131 M Street NE, Washington, DC
20507.
Instructions: The Commission invites
comments from all interested parties.
SUMMARY:
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All comment submissions must include
the Regulatory Information Number
(RIN) for this rulemaking. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information you provide.
Docket: For access to comments
received, go to https://
www.regulations.gov. Copies of the
received comments also will be
available for review at the Commission’s
library, 131 M Street NE, Suite
4NW08R, Washington, DC 20507,
between the hours of 9:30 a.m. and 5
p.m., from July 18, 2023 until the
Commission publishes the rule in final
form. You must make an appointment
with library staff to review the
comments in the Commission’s library.
FOR FURTHER INFORMATION CONTACT:
Kathleen Oram, Assistant Legal
Counsel, at (202) 921–2665 or
kathleen.oram@eeoc.gov, or Erin Norris,
Senior Attorney, Office of Legal
Counsel, at (980) 296–1286 or
erin.norris@eeoc.gov. Requests for this
notice in an alternative format should be
made to the Office of Communications
and Legislative Affairs at (202) 921–
3191 (voice), (800) 669–6820 (TTY), or
(844) 234–5122 (ASL Video Phone).
Title III of
the Civil Rights Act of 1991, entitled the
Government Employee Rights Act of
1991 (GERA), extends protections
against employment discrimination
based on race, color, religion, sex,
national origin, age and disability to
previously exempt state and local
government employees. 42 U.S.C.
2000e–16c. In addition to providing
these protections against discrimination,
section 304 of GERA empowered the
Equal Employment Opportunity
Commission to address complaints filed
by GERA-covered employees. GERA
afforded previously exempt individuals
new equal employment opportunity
protections, and it introduced an
administrative enforcement mechanism
that was different from EEOC’s preexisting charge resolution procedures.
Consequently, EEOC created procedures
in 29 CFR part 1603 for handling
complaints brought by individuals
covered by GERA. The interim rule
setting out these procedures was
published at 62 FR 17542 (April 10,
1997) and the final rule was published
at 64 FR 28743 (May 27, 1999). Pursuant
to its authority under 42 U.S.C. 2000e–
12 to ‘‘amend . . . suitable procedural
regulations to carry out the provisions of
this subchapter,’’ the EEOC now
proposes to revise those regulations as
described in this document.
SUPPLEMENTARY INFORMATION:
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Digital Submission of Documents
Proposed revisions to §§ 1603.102,
106, 208, 209, and 302 update the
regulations to allow for digital
submission of documents. Since last
revising this regulation, the EEOC has
expanded its use of technology in
charge and complaint processing. The
Commission has implemented a digital
system for charges and complaints of
discrimination filed with the EEOC. The
system enables the EEOC, charging
parties and complainants, and
respondents against whom charges or
complaints are filed to communicate
and transmit documents digitally
through a secure online portal. It allows
potential charging parties and
complainants to submit online inquiries
to the EEOC and to schedule intake
interviews through the online system. In
addition, in some cases the EEOC allows
parties to submit information to agency
personnel through email. While parties
may continue to submit information
using other methods, digital submission
of documents through the online system
is the preferred method.
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Other Regulations and Statutes
The proposed revisions also include a
few changes to citations to other
regulations or statutes, as well as crossreferences to sections within part 1603.
In § 1603.108, an incorrect statutory
citation was corrected, and in
§§ 1603.102, 107, 301, and 303,
references to other EEOC regulations
and cross-references to sections in part
1603 were added, updated, or corrected.
Further, in § 1603.107 the EEOC
proposes to remove two paragraphs that
are substantively analogous to
paragraphs removed in 2008 from the
agency’s procedural charge processing
regulations in 29 CFR 1601.18. This
proposed removal of the language from
part 1603 would standardize the EEOC’s
various procedural regulations. The
paragraphs in question state that the
Commission may dismiss a GERA
complaint if the complainant cannot be
located or if the complainant fails to
provide information, appear for
interviews, or otherwise cooperate with
the agency. When similar language was
removed from part 1601 in 2008, the
agency noted that removing the
language would bring part 1601 in line
with the agency’s procedural regulations
governing the Age Discrimination in
Employment Act and the Equal Pay Act,
which do not contain the dismissal
bases of failure to cooperate or failure to
locate. Additionally, the agency noted
in 2008 that the language had resulted
in dismissals of private lawsuits when
courts determined that the plaintiffs had
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not satisfied all prerequisites for filing
suit; some courts held that having one’s
charge dismissed for failure to cooperate
with the EEOC’s investigation equated
to failure to exhaust one’s
administrative remedies. The
Commission did not intend to cause
Federal court dismissals or to impose on
charging parties any additional
prerequisites to suit. For these reasons,
the EEOC now proposes to remove the
paragraphs addressing failure to locate a
complainant and failure of a
complainant to cooperate with the
EEOC from § 1603.107. This proposed
revision is not intended to limit the
Commission’s discretion to dismiss
complaints on these or other grounds
where appropriate.
Finally, the EEOC proposes to revise
§ 1603.215(a) to reflect that transcripts
of hearings before administrative law
judges are available to the parties. The
regulations now incorrectly state that
the transcripts are available to the
public as well; however, this statement
conflicts with section 556 of the
Administrative Procedure Act (APA),
which states that a transcript shall be
made available ‘‘to the parties.’’ 1 The
revision corrects this error and ensures
that GERA complaints are processed in
accordance with APA procedures, as
GERA requires.
Other Clarifying Changes
The EEOC proposes to revise
§ 1603.207(c) to change the time for
response to a motion to intervene from
15 days to 10 business days. Other
responses to motions filed pursuant to
part 1603 must be filed within 10
business days of service of the motion;
this change is meant to standardize the
deadline within part 1603. The EEOC
also proposes to revise § 1603.302 by
adding a paragraph requiring service on
the opposing party of appeals taken
under part 1603. Additionally, a number
of minor grammatical, punctuation, and
other editorial changes were made
throughout this part.
Regulatory Procedures
Executive Order 12866
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Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) (PRA) applies to
rulemakings in which an agency creates
a new paperwork burden on regulated
entities or modifies an existing burden.
This proposed rule contains no new
information collection requirements for
the public, and therefore it will create
no new paperwork burdens or
modifications to existing burdens that
are subject to review by the Office of
Management and Budget under the
PRA.
Regulatory Flexibility Act
The Commission certifies under 5
U.S.C. 605(b) that this proposed rule
will not have a significant economic
impact on a substantial number of small
entities because it does not affect any
small business entities. The regulation
affects only certain employees of state or
local governments. For this reason, a
regulatory flexibility analysis is not
required.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in
the expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. To the extent that it
affects small governments by allowing
for digital transmission of documents, it
will save resources of those entities.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Congressional Review Act
This proposed rule is not a ‘‘rule’’
under the Congressional Review Act
(Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996) because the Congressional Review
Act only applies to final rules.
Therefore, the reporting requirement of
5 U.S.C. 801 does not apply.
List of Subjects in 29 CFR Part 1603
The Commission has complied with
the principles in section 1(b) of
Executive Order 12866, Regulatory
Planning and Review. This proposed
rule is not a ‘‘significant regulatory
action’’ under section 3(f) of the order
and does not require an assessment of
potential costs and benefits under
section 6(a)(3) of the order.
15
Administrative practice and
procedure, Equal employment
opportunity, Intergovernmental
relations, Investigations, State and local
governments.
Accordingly, for the reasons set forth
in the preamble, the Equal Employment
Opportunity Commission proposes to
amend 29 CFR part 1603 as follows:
U.S.C. 556(e).
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Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Proposed Rules
PART 1603—PROCEDURES FOR
PREVIOUSLY EXEMPT STATE AND
LOCAL GOVERNMENT EMPLOYEE
COMPLAINTS OF EMPLOYMENT
DISCRIMINATION UNDER SECTION
304 OF THE GOVERNMENT
EMPLOYEE RIGHTS ACT OF 1991
1. The authority citation for part 1603
is revised to read as follows:
■
Authority: 42 U.S.C. 2000e–12 and –16c;
42 U.S.C. 2000ff–6(b).
2. Amend § 1603.102:
a. By revising paragraphs (a), (b), the
introductory text of paragraph (c), (c)(1),
(c)(2), (c)(4), and the last sentence of
paragraph (d); and
■ b. In paragraph (e), in the first
sentence, by removing the commas.
The revisions read as follows:
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Filing a complaint.
(a) Who may make a complaint.
Individuals referred to in § 1603.101
who believe they have been
discriminated against on the basis of
race, color, religion, sex, national origin,
age, disability, or genetic information, or
retaliated against for opposing any
practice made unlawful by federal laws
protecting equal employment
opportunity or for participating in any
stage of administrative or judicial
proceedings under those federal laws,
may file a complaint not later than 180
days after the occurrence of the alleged
discrimination or retaliation.
(b) Where to file a complaint. A
complaint may be filed using the
Commission’s designated digital
systems, in person, by facsimile, or by
mail to any Commission office or with
any designated agent or representative
of the Commission. The addresses of the
Commission’s offices may be found at
www.eeoc.gov.
(c) Contents of a complaint. A
complaint shall be in writing and signed
and shall be verified as defined in
§ 1601.3(a). In addition, each complaint
should contain the following:
(1) The full name and contact
information of the person making the
complaint;
(2) The full name and contact
information of the person, governmental
entity, or political subdivision against
whom the complaint is made, if known
(hereinafter referred to as the
respondent);
*
*
*
*
*
(4) A statement disclosing whether
proceedings involving the alleged
unlawful employment practice have
been commenced before a State or local
Fair Employment Practices (FEP) agency
charged with the enforcement of fair
employment practice laws and, if so, the
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§ 1603.103
[Amended]
3. Amend § 1603.103(b) by removing
the comma.
■ 4. Revise § 1603.106 to read as
follows:
■
■
■
§ 1603.102
date of such commencement and the
name of the agency.
(d) * * * A complaint that has been
amended after it was referred (see
§ 1603.103) shall not be again referred to
the appropriate State or local FEP
agency.
*
*
*
*
*
§ 1603.106 Computation of time generally
and for timely receipt by the Commission.
(a)(1) All time periods in this part that
are stated in terms of days are calendar
days unless otherwise stated.
(2) The first day counted shall be the
day after the event from which the time
period begins to run, and the last day of
the period shall be included unless it
falls on a Saturday, Sunday, or federal
holiday, in which case the period shall
be extended to include the next
business day.
(3) All time limits in this part are
subject to waiver, estoppel, and
equitable tolling.
(b) Documents submitted to the
Commission are deemed timely received
as follows:
(1) A document submitted by digital
transmission, by facsimile not exceeding
20 pages, or by personal delivery or
commercial delivery service shall be
deemed timely if it is received before
the expiration of the applicable filing
period. A document submitted by
digital means shall be deemed received
on the date the EEOC’s designated
digital system records the upload.
(2) A document submitted by mail
shall be deemed timely if it is received
or postmarked before the expiration of
the applicable filing period or, in the
absence of a legible postmark, if it is
received within 5 days of the expiration
of the applicable filing period.
(c) For the purposes of this part, the
terms file, serve, receive, issue, transmit,
send, and any other word forms of these
terms, such as filing or serving, when
used to describe transmission of
documents, shall include all forms of
digital transmission.
■ 5. Amend § 1603.107:
■ a. By revising paragraph (a);
■ b. By removing paragraphs (b) and (c);
and
■ c. By redesignating paragraphs (d) and
(e) as paragraphs (b) and (c) and revising
newly redesignated paragraphs (b) and
(c).
The revisions read as follows:
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§ 1603.107
Dismissals of complaints.
(a) Where a complaint is not timely
filed or, except as described in
§ 1603.102(e), fails to state a claim
under this part, the Commission shall
dismiss the complaint.
(b) Written notice of dismissal
pursuant to paragraph (a) of this section
shall be issued to the complainant and
the respondent. The Commission hereby
delegates authority to dismiss
complaints to the Director, Office of
Field Programs or the Director’s
designees, and to District Directors or
their designees.
(c) A complainant who is dissatisfied
with a dismissal issued pursuant to this
section may appeal to the Commission
in accordance with the procedures in
subpart C of this part.
§ 1603.108
[Amended]
6. Amend § 1603.108:
a. In paragraph (c), by adding a
comma after the words ‘‘employees of
the Commission’’; and
■ b. In paragraph (d), by removing the
number ‘‘584’’ and adding in its place
the number ‘‘574’’.
■
■
§ 1603.109
[Amended]
7. Amend § 1603.109:
a. In paragraph (a), by adding the
word ‘‘an’’ before the word
‘‘investigation’’ and by adding a comma
after the word ‘‘visits’’; and
■ b. In paragraph (b), in the first
sentence, by adding a comma after the
words ‘‘the production of evidence’’.
■
■
§ 1603.201
[Amended]
8. Amend § 1603.201:
a. In paragraph (a), by adding a
comma after the words ‘‘of this section
or’’;
■ b. In paragraph (c), by removing the
words ‘‘representatives or witnesses’’
and adding in their place the words
‘‘representatives, and their witnesses’’.
■ 9. Amend § 1603.202:
■ a. In paragraph (a), by adding a
comma after the word ‘‘place’’; and
■ b. By revising paragraph (b) to read as
follows:
■
■
§ 1603.202
Administrative law judge.
*
*
*
*
*
(b) Enter a default decision against a
party failing to appear at a hearing
unless the party shows good cause by
contacting the administrative law judge
either prior to the hearing or within 2
days after the scheduled hearing and
presenting arguments as to why the
party or the party’s representative could
not appear; and
*
*
*
*
*
■ 10. Amend § 1603.203:
■ a. By revising paragraphs (a) and (b);
and
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■
b. By removing paragraph (c).
The revisions read as follows:
§ 1603.203 Unavailability or withdrawal of
administrative law judges.
(a) In the event the administrative law
judge designated to conduct the hearing
becomes unavailable or withdraws from
the adjudication, another administrative
law judge may be designated for the
purpose of further hearing or issuing a
decision on the record as made, or both.
At any time administrative law judges
deem themselves disqualified, they may
withdraw from an adjudication.
(b) Prior to issuance of a decision on
the complaint, any party may move that
the administrative law judge withdraw
on the grounds of personal bias or other
disqualification by filing with the
administrative law judge an affidavit
setting forth in detail the matters alleged
to constitute grounds for withdrawal
promptly upon discovery of the alleged
facts. The administrative law judge shall
rule upon the motion for withdrawal. If
the administrative law judge concludes
that the motion was filed promptly and
has merit, the administrative law judge
shall immediately withdraw from the
adjudication. If the administrative law
judge does not withdraw, the
adjudication shall proceed.
■ 11. Amend § 1603.204:
■ a. By revising the last sentence of
paragraph (a); and
■ b. By revising paragraphs (b) and (d).
The revisions read as follows:
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§ 1603.204
Ex parte communications.
(a) * * * Communications between
the administrative law judge or
Commission personnel and one party
concerning the status of the case, the
date of a hearing, the method of
transmitting evidence to the
Commission, and other purely
procedural questions are permitted.
(b) ‘‘Decision-making personnel of the
Commission’’ includes members of the
Commission and their staffs as well as
personnel in the Office of Federal
Operations but does not include
investigators and intake staff.
*
*
*
*
*
(d) Where it appears that a party has
engaged in prohibited ex parte
communications, that party may be
required to show cause why, in the
interest of justice, the party’s claim or
defense should not be dismissed,
denied, or otherwise adversely affected.
§ 1603.205
[Amended]
12. Amend § 1603.205(b) by removing
the comma after the words ‘‘in the
adjudication’’.
■
§ 1603.206
■
[Amended]
13. Amend § 1603.206:
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a. In paragraph (a), in the first
sentence, by removing the words ‘‘his or
her’’ and adding in their place the
words ‘‘the administrative law judge’s’’,
by removing the comma after the words
‘‘common parties’’, and by adding the
word ‘‘common’’ before the word
‘‘factual’’; and
■ b. In paragraph (b), by removing the
words ‘‘his or her’’ and adding in their
place the words ‘‘the administrative law
judge’s’’ and by adding a comma after
the word ‘‘claims’’.
■
§ 1603.207
[Amended]
14. Amend § 1603.207:
a. In paragraph (b), by adding the
word ‘‘relevant’’ before the words ‘‘facts
or reasons’’; and
■ b. In paragraph (c), by removing the
words ‘‘15 days after the filing’’ and
adding in their place the words ‘‘10
business days after service’’.
■
■
§ 1603.208
[Amended]
15. Amend § 1603.208:
a. In paragraph (b), in the first
sentence, by removing the words ‘‘ten
(10)’’ and adding in their place the
number ‘‘10’’, and in the last sentence,
by removing the words ‘‘judge, in his or
her discretion, orders’’ and adding in
their place the words ‘‘judge exercises
discretion to order’’;
■ b. In paragraph (c), in the third
sentence, by adding the words ‘‘or other
digital means’’ after the word
‘‘telephone’’, and in the last sentence,
by removing the words ‘‘five (5)’’ and
adding in their place the number ‘‘5’’,
and by adding a comma after the word
‘‘vacate’’; and
■ c. In paragraph (d), by removing the
words ‘‘dilatory, repetitive or frivolous
motions’’ and adding in their place the
words ‘‘motions that are repetitive,
frivolous, or intended to delay the
proceedings’’.
■ 16. Revise § 1603.209 to read as
follows:
■
■
§ 1603.209
Filing and service.
(a) Unless otherwise ordered by the
administrative law judge, a signed
original of each motion, brief, or other
document shall be filed with the
administrative law judge, with a
certificate of service indicating that a
copy has been sent to all other parties
and stating the date and manner of
service. Digitally submitted documents
may be electronically signed. All
documents presented in hard copy shall
be on standard size (81⁄2 × 11) paper.
Each document filed shall be clear and
legible.
(b) Filing and service shall be made
by first class mail or other more
expeditious means of delivery,
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including, at the discretion of the
administrative law judge, by facsimile,
digital transmission, or other means.
The administrative law judge may
exercise discretion to limit the number
of pages that may be filed or served by
facsimile. Service shall be made on a
party’s representative, or, if not
represented, on the party.
(c) Every document shall contain a
caption including the parties’ names,
the complaint number or docket number
assigned to the matter, a designation of
the type of filing (e.g., motion, brief,
etc.), and the filing person’s signature
and contact information.
§ 1603.210
[Amended]
17. Amend § 1603.210(b) by adding a
comma after the word ‘‘admission’’.
■
§ 1603.211
[Amended]
18. Amend § 1603.211:
a. In paragraph (a), in the last
sentence, by adding the word ‘‘state’’
before the words ‘‘the date and time’’;
and
■ b. In paragraph (b), in the second
sentence, by adding the word ‘‘also’’
before the words ‘‘be served upon’’.
■
■
§ 1603.213
[Amended]
19. Amend § 1603.213:
a. In paragraph (a) introductory text,
by adding the words ‘‘either
independently or’’ before the words
‘‘upon motion of a party’’, and by
removing the words ‘‘or upon his or her
own motion’’;
■ b. In paragraph (a)(2), by removing the
word ‘‘ruling’’ and adding in its place
the word ‘‘appeal’’, and by removing the
word ‘‘or’’ and adding in its place the
word ‘‘and’’;
■ c. In paragraph (a)(3), by removing the
word ‘‘ruling’’ and adding in its place
the word ‘‘appeal’’;
■ d. In paragraph (b) introductory text,
by removing the words ‘‘ten (10)’’ and
adding in their place the number ‘‘10’’;
and
■ e. In paragraph (c), in the last
sentence, by removing the comma after
the word ‘‘judge’’ and by removing the
words ‘‘within his or her discretion,’’.
■
■
§ 1603.214
[Amended]
20. Amend § 1603.214 by adding the
word ‘‘that’’ before the words ‘‘the rules
on hearsay’’.
■
§ 1603.215
[Amended]
21. Amend § 1603.215:
a. In paragraph (a), in the first
sentence, by removing the words
‘‘mechanically or stenographically
reported’’ and adding in their place the
words ‘‘audio or video recorded,
stenographically reported, or both’’ and
■
■
E:\FR\FM\19MYP1.SGM
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32158
Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Proposed Rules
in the last sentence, by removing the
words ‘‘and the public’’; and
■ b. In paragraph (b), by removing a
comma after the words ‘‘upon motion’’
and by removing the words ‘‘ten (10)’’
and adding in their place the number
‘‘10’’.
§ 1603.217
[Amended]
22. Amend § 1603.217(b), in the last
sentence, by adding a semicolon after
the word ‘‘discovery’’.
■
§ 1603.301
Filing an appeal.
*
*
*
*
*
(b) An appeal shall be filed with the
Director, Office of Federal Operations,
Equal Employment Opportunity
Commission, by mail to P.O. Box 77960,
Washington, DC 20013, by personal
delivery or commercial delivery service,
by digital transmission, or by facsimile
to 202–663–7022.
(c) The appellant shall furnish a copy
of the appeal to the opposing party at
the same time it is filed with the
Commission. In or attached to the
appeal to the Commission, the appellant
must certify the date and method by
which service was made on the
opposing party.
[Amended]
25. Amend § 1603.303:
■ a. In paragraph (c), introductory text,
by adding a comma after the word
‘‘order’’;
■ b. In paragraph (c)(2), by adding a
comma after the word ‘‘regulation’’; and
■ c. In paragraph (e), by removing the
words ‘‘the appeal and’’ and by
removing the citation ‘‘§ 1603.209’’ and
adding in its place the citation
‘‘§ 1603.302(b) and (c)’’.
■
ddrumheller on DSK120RN23PROD with PROPOSALS1
§ 1603.306
[Amended]
26. Amend § 1603.306 by removing a
comma after the word ‘‘resides’’.
■
Dated: May 12, 2023.
For the Commission,
Charlotte A. Burrows,
Chair.
[FR Doc. 2023–10575 Filed 5–18–23; 8:45 am]
BILLING CODE 6570–01–P
VerDate Sep<11>2014
16:53 May 18, 2023
Jkt 259001
30 CFR Part 902
[SATS No. AK–009–FOR; Docket ID: OSM–
2022–0007; S1D1S S08011000SX064A000
222S180110; S2D2S SS08011000
SX064A000 22XS501520]
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
[Amended]
23. Amend § 1603.301 by removing
the citation ‘‘§ 1613.213’’ and adding in
its place the citation ‘‘§ 1603.213’’.
■ 24. Amend § 1603.302:
■ a. By revising paragraph (b); and
■ b. By adding a new paragraph (c).
The revisions read as follows:
§ 1603.303
Office of Surface Mining Reclamation
and Enforcement
Alaska Regulatory Program
■
§ 1603.302
DEPARTMENT OF THE INTERIOR
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed amendment to the Alaska
regulatory program (hereinafter, the
Alaska program) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). This
amendment proposes to change the
Alaska Administrative Code by revising
and adding provisions pertaining to
Valid Existing Rights. Alaska intends to
revise its program to be consistent with
the corresponding Federal regulations
and SMCRA, clarify ambiguities, and
improve operational efficiency. This
document gives the times and locations
that the Alaska program and this
proposed amendment to that program
are available for your inspection, the
comment period during which you may
submit written comments on the
amendment, and the procedures that we
will follow for the public hearing, if one
is requested.
DATES: We will accept written
comments on this amendment until 4
p.m., MDT June 20, 2023. If requested,
we may hold a public hearing or
meeting on the amendment on June 13,
2023. We will accept requests to speak
at a hearing until 4 p.m., MDT on June
5, 2023.
ADDRESSES: You may submit comments,
identified by SATS No. AK–009–FOR,
by any of the following methods:
Mail/Hand Delivery: OSMRE, Attn:
Howard Strand, Denver Field Branch
Manager; Office of Surface Mining
Reclamation and Enforcement; One
Denver Federal Center, Building 41,
P.O. Box 25065, Lakewood, Colorado
80225–0065.
Fax: 303–236–6056.
Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2022–0007. If you would like
to submit comments go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
SUMMARY:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than the ones listed above will be
included in the docket for this
rulemaking and considered.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Alaska program,
this amendment, a listing of any
scheduled public hearings or meetings,
and all written comments received in
response to this document, you must go
to the address listed below during
normal business hours, Monday through
Friday, excluding holidays. You may
receive one free copy of the amendment
by contacting OSMRE’s Denver Field
Office or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Attn: Howard Strand, Denver Field
Branch Manager, Office of Surface
Mining Reclamation and
Enforcement, One Denver Federal
Center—Building 41, Lakewood,
Colorado 80225–0065, Telephone:
(303) 236–2931, Email: hstrand@
osmre.gov
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Attn: Russell Kirkham, Alaska Coal
Regulatory Program Manager,
Division of Mining, Land and Water,
Department of Natural Resources, 550
West 7th Avenue, Suite 900D,
Anchorage, Alaska 99501–3577,
Telephone: (907) 269–8650, Email:
russell.kirkham@alaska.gov
FOR FURTHER INFORMATION CONTACT:
Jeffrey Fleischman, Field Office
Director, Office of Surface Mining
Reclamation and Enforcement, Dick
Cheney Federal Building, P.O. Box
11018, 100 East B Street, Casper,
Wyoming 82601–1018. Telephone: (307)
261–6550. Email: jfleischman@
osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alaska Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
Background on the Alaska Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
E:\FR\FM\19MYP1.SGM
19MYP1
]]>Agencies
[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Proposed Rules]
[Pages 32154-32158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10575]
=======================================================================
-----------------------------------------------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
29 CFR Part 1603
RIN 3046-AB09
Procedures for Previously Exempt State and Local Government
Employee Complaints of Employment Discrimination Under Section 304 of
the Government Employee Rights Act of 1991
AGENCY: Equal Employment Opportunity Commission.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Equal Employment Opportunity Commission (EEOC or
Commission) is proposing to amend its existing regulations by which
state and local government employees who were previously exempt from
coverage under Title VII of the Civil Rights Act of 1964 may bring
claims of employment discrimination pursuant to the Government Employee
Rights Act of 1991. The EEOC proposes to amend the regulations to
explicitly provide for digital transmission of documents, to update the
regulation based upon the text of other regulations or statutes, and to
make a number of editorial revisions to improve clarity and correct
errors.
DATES: Comments on the notice of proposed rulemaking must be received
on or before July 18, 2023.
ADDRESSES: You may submit comments, identified by RIN Number 3046-AB09,
by any of the following methods--please use only one method:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions on the website for submitting comments.
Fax: Comments totaling six or fewer pages may be sent by
fax machine to (202) 663-4114. Receipt of fax transmittals will not be
acknowledged, except that the sender may request confirmation of
receipt by calling the Executive Secretariat staff at (202) 921-2815
(voice), (800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone).
Mail: Comments may be submitted by mail to Raymond
Windmiller, Executive Officer, Executive Secretariat, Equal Employment
Opportunity Commission, 131 M Street NE, Washington, DC 20507.
Hand Delivery/Courier: Raymond Windmiller, Executive
Officer, Executive Secretariat, U.S. Equal Employment Opportunity
Commission, 131 M Street NE, Washington, DC 20507.
Instructions: The Commission invites comments from all interested
parties. All comment submissions must include the Regulatory
Information Number (RIN) for this rulemaking. All comments received
will be posted without change to https://www.regulations.gov, including
any personal information you provide.
Docket: For access to comments received, go to https://www.regulations.gov. Copies of the received comments also will be
available for review at the Commission's library, 131 M Street NE,
Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m. and
5 p.m., from July 18, 2023 until the Commission publishes the rule in
final form. You must make an appointment with library staff to review
the comments in the Commission's library.
FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal
Counsel, at (202) 921-2665 or [email protected], or Erin Norris,
Senior Attorney, Office of Legal Counsel, at (980) 296-1286 or
[email protected]. Requests for this notice in an alternative format
should be made to the Office of Communications and Legislative Affairs
at (202) 921-3191 (voice), (800) 669-6820 (TTY), or (844) 234-5122 (ASL
Video Phone).
SUPPLEMENTARY INFORMATION: Title III of the Civil Rights Act of 1991,
entitled the Government Employee Rights Act of 1991 (GERA), extends
protections against employment discrimination based on race, color,
religion, sex, national origin, age and disability to previously exempt
state and local government employees. 42 U.S.C. 2000e-16c. In addition
to providing these protections against discrimination, section 304 of
GERA empowered the Equal Employment Opportunity Commission to address
complaints filed by GERA-covered employees. GERA afforded previously
exempt individuals new equal employment opportunity protections, and it
introduced an administrative enforcement mechanism that was different
from EEOC's pre-existing charge resolution procedures. Consequently,
EEOC created procedures in 29 CFR part 1603 for handling complaints
brought by individuals covered by GERA. The interim rule setting out
these procedures was published at 62 FR 17542 (April 10, 1997) and the
final rule was published at 64 FR 28743 (May 27, 1999). Pursuant to its
authority under 42 U.S.C. 2000e-12 to ``amend . . . suitable procedural
regulations to carry out the provisions of this subchapter,'' the EEOC
now proposes to revise those regulations as described in this document.
[[Page 32155]]
Digital Submission of Documents
Proposed revisions to Sec. Sec. 1603.102, 106, 208, 209, and 302
update the regulations to allow for digital submission of documents.
Since last revising this regulation, the EEOC has expanded its use of
technology in charge and complaint processing. The Commission has
implemented a digital system for charges and complaints of
discrimination filed with the EEOC. The system enables the EEOC,
charging parties and complainants, and respondents against whom charges
or complaints are filed to communicate and transmit documents digitally
through a secure online portal. It allows potential charging parties
and complainants to submit online inquiries to the EEOC and to schedule
intake interviews through the online system. In addition, in some cases
the EEOC allows parties to submit information to agency personnel
through email. While parties may continue to submit information using
other methods, digital submission of documents through the online
system is the preferred method.
Other Regulations and Statutes
The proposed revisions also include a few changes to citations to
other regulations or statutes, as well as cross-references to sections
within part 1603. In Sec. 1603.108, an incorrect statutory citation
was corrected, and in Sec. Sec. 1603.102, 107, 301, and 303,
references to other EEOC regulations and cross-references to sections
in part 1603 were added, updated, or corrected.
Further, in Sec. 1603.107 the EEOC proposes to remove two
paragraphs that are substantively analogous to paragraphs removed in
2008 from the agency's procedural charge processing regulations in 29
CFR 1601.18. This proposed removal of the language from part 1603 would
standardize the EEOC's various procedural regulations. The paragraphs
in question state that the Commission may dismiss a GERA complaint if
the complainant cannot be located or if the complainant fails to
provide information, appear for interviews, or otherwise cooperate with
the agency. When similar language was removed from part 1601 in 2008,
the agency noted that removing the language would bring part 1601 in
line with the agency's procedural regulations governing the Age
Discrimination in Employment Act and the Equal Pay Act, which do not
contain the dismissal bases of failure to cooperate or failure to
locate. Additionally, the agency noted in 2008 that the language had
resulted in dismissals of private lawsuits when courts determined that
the plaintiffs had not satisfied all prerequisites for filing suit;
some courts held that having one's charge dismissed for failure to
cooperate with the EEOC's investigation equated to failure to exhaust
one's administrative remedies. The Commission did not intend to cause
Federal court dismissals or to impose on charging parties any
additional prerequisites to suit. For these reasons, the EEOC now
proposes to remove the paragraphs addressing failure to locate a
complainant and failure of a complainant to cooperate with the EEOC
from Sec. 1603.107. This proposed revision is not intended to limit
the Commission's discretion to dismiss complaints on these or other
grounds where appropriate.
Finally, the EEOC proposes to revise Sec. 1603.215(a) to reflect
that transcripts of hearings before administrative law judges are
available to the parties. The regulations now incorrectly state that
the transcripts are available to the public as well; however, this
statement conflicts with section 556 of the Administrative Procedure
Act (APA), which states that a transcript shall be made available ``to
the parties.'' \1\ The revision corrects this error and ensures that
GERA complaints are processed in accordance with APA procedures, as
GERA requires.
---------------------------------------------------------------------------
\1\ 5 U.S.C. 556(e).
---------------------------------------------------------------------------
Other Clarifying Changes
The EEOC proposes to revise Sec. 1603.207(c) to change the time
for response to a motion to intervene from 15 days to 10 business days.
Other responses to motions filed pursuant to part 1603 must be filed
within 10 business days of service of the motion; this change is meant
to standardize the deadline within part 1603. The EEOC also proposes to
revise Sec. 1603.302 by adding a paragraph requiring service on the
opposing party of appeals taken under part 1603. Additionally, a number
of minor grammatical, punctuation, and other editorial changes were
made throughout this part.
Regulatory Procedures
Executive Order 12866
The Commission has complied with the principles in section 1(b) of
Executive Order 12866, Regulatory Planning and Review. This proposed
rule is not a ``significant regulatory action'' under section 3(f) of
the order and does not require an assessment of potential costs and
benefits under section 6(a)(3) of the order.
Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) (PRA) applies to
rulemakings in which an agency creates a new paperwork burden on
regulated entities or modifies an existing burden. This proposed rule
contains no new information collection requirements for the public, and
therefore it will create no new paperwork burdens or modifications to
existing burdens that are subject to review by the Office of Management
and Budget under the PRA.
Regulatory Flexibility Act
The Commission certifies under 5 U.S.C. 605(b) that this proposed
rule will not have a significant economic impact on a substantial
number of small entities because it does not affect any small business
entities. The regulation affects only certain employees of state or
local governments. For this reason, a regulatory flexibility analysis
is not required.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year, and it will not
significantly or uniquely affect small governments. To the extent that
it affects small governments by allowing for digital transmission of
documents, it will save resources of those entities. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
This proposed rule is not a ``rule'' under the Congressional Review
Act (Subtitle E of the Small Business Regulatory Enforcement Fairness
Act of 1996) because the Congressional Review Act only applies to final
rules. Therefore, the reporting requirement of 5 U.S.C. 801 does not
apply.
List of Subjects in 29 CFR Part 1603
Administrative practice and procedure, Equal employment
opportunity, Intergovernmental relations, Investigations, State and
local governments.
Accordingly, for the reasons set forth in the preamble, the Equal
Employment Opportunity Commission proposes to amend 29 CFR part 1603 as
follows:
[[Page 32156]]
PART 1603--PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL
GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER
SECTION 304 OF THE GOVERNMENT EMPLOYEE RIGHTS ACT OF 1991
0
1. The authority citation for part 1603 is revised to read as follows:
Authority: 42 U.S.C. 2000e-12 and -16c; 42 U.S.C. 2000ff-6(b).
0
2. Amend Sec. 1603.102:
0
a. By revising paragraphs (a), (b), the introductory text of paragraph
(c), (c)(1), (c)(2), (c)(4), and the last sentence of paragraph (d);
and
0
b. In paragraph (e), in the first sentence, by removing the commas.
The revisions read as follows:
Sec. 1603.102 Filing a complaint.
(a) Who may make a complaint. Individuals referred to in Sec.
1603.101 who believe they have been discriminated against on the basis
of race, color, religion, sex, national origin, age, disability, or
genetic information, or retaliated against for opposing any practice
made unlawful by federal laws protecting equal employment opportunity
or for participating in any stage of administrative or judicial
proceedings under those federal laws, may file a complaint not later
than 180 days after the occurrence of the alleged discrimination or
retaliation.
(b) Where to file a complaint. A complaint may be filed using the
Commission's designated digital systems, in person, by facsimile, or by
mail to any Commission office or with any designated agent or
representative of the Commission. The addresses of the Commission's
offices may be found at www.eeoc.gov.
(c) Contents of a complaint. A complaint shall be in writing and
signed and shall be verified as defined in Sec. 1601.3(a). In
addition, each complaint should contain the following:
(1) The full name and contact information of the person making the
complaint;
(2) The full name and contact information of the person,
governmental entity, or political subdivision against whom the
complaint is made, if known (hereinafter referred to as the
respondent);
* * * * *
(4) A statement disclosing whether proceedings involving the
alleged unlawful employment practice have been commenced before a State
or local Fair Employment Practices (FEP) agency charged with the
enforcement of fair employment practice laws and, if so, the date of
such commencement and the name of the agency.
(d) * * * A complaint that has been amended after it was referred
(see Sec. 1603.103) shall not be again referred to the appropriate
State or local FEP agency.
* * * * *
Sec. 1603.103 [Amended]
0
3. Amend Sec. 1603.103(b) by removing the comma.
0
4. Revise Sec. 1603.106 to read as follows:
Sec. 1603.106 Computation of time generally and for timely receipt by
the Commission.
(a)(1) All time periods in this part that are stated in terms of
days are calendar days unless otherwise stated.
(2) The first day counted shall be the day after the event from
which the time period begins to run, and the last day of the period
shall be included unless it falls on a Saturday, Sunday, or federal
holiday, in which case the period shall be extended to include the next
business day.
(3) All time limits in this part are subject to waiver, estoppel,
and equitable tolling.
(b) Documents submitted to the Commission are deemed timely
received as follows:
(1) A document submitted by digital transmission, by facsimile not
exceeding 20 pages, or by personal delivery or commercial delivery
service shall be deemed timely if it is received before the expiration
of the applicable filing period. A document submitted by digital means
shall be deemed received on the date the EEOC's designated digital
system records the upload.
(2) A document submitted by mail shall be deemed timely if it is
received or postmarked before the expiration of the applicable filing
period or, in the absence of a legible postmark, if it is received
within 5 days of the expiration of the applicable filing period.
(c) For the purposes of this part, the terms file, serve, receive,
issue, transmit, send, and any other word forms of these terms, such as
filing or serving, when used to describe transmission of documents,
shall include all forms of digital transmission.
0
5. Amend Sec. 1603.107:
0
a. By revising paragraph (a);
0
b. By removing paragraphs (b) and (c); and
0
c. By redesignating paragraphs (d) and (e) as paragraphs (b) and (c)
and revising newly redesignated paragraphs (b) and (c).
The revisions read as follows:
Sec. 1603.107 Dismissals of complaints.
(a) Where a complaint is not timely filed or, except as described
in Sec. 1603.102(e), fails to state a claim under this part, the
Commission shall dismiss the complaint.
(b) Written notice of dismissal pursuant to paragraph (a) of this
section shall be issued to the complainant and the respondent. The
Commission hereby delegates authority to dismiss complaints to the
Director, Office of Field Programs or the Director's designees, and to
District Directors or their designees.
(c) A complainant who is dissatisfied with a dismissal issued
pursuant to this section may appeal to the Commission in accordance
with the procedures in subpart C of this part.
Sec. 1603.108 [Amended]
0
6. Amend Sec. 1603.108:
0
a. In paragraph (c), by adding a comma after the words ``employees of
the Commission''; and
0
b. In paragraph (d), by removing the number ``584'' and adding in its
place the number ``574''.
Sec. 1603.109 [Amended]
0
7. Amend Sec. 1603.109:
0
a. In paragraph (a), by adding the word ``an'' before the word
``investigation'' and by adding a comma after the word ``visits''; and
0
b. In paragraph (b), in the first sentence, by adding a comma after the
words ``the production of evidence''.
Sec. 1603.201 [Amended]
0
8. Amend Sec. 1603.201:
0
a. In paragraph (a), by adding a comma after the words ``of this
section or'';
0
b. In paragraph (c), by removing the words ``representatives or
witnesses'' and adding in their place the words ``representatives, and
their witnesses''.
0
9. Amend Sec. 1603.202:
0
a. In paragraph (a), by adding a comma after the word ``place''; and
0
b. By revising paragraph (b) to read as follows:
Sec. 1603.202 Administrative law judge.
* * * * *
(b) Enter a default decision against a party failing to appear at a
hearing unless the party shows good cause by contacting the
administrative law judge either prior to the hearing or within 2 days
after the scheduled hearing and presenting arguments as to why the
party or the party's representative could not appear; and
* * * * *
0
10. Amend Sec. 1603.203:
0
a. By revising paragraphs (a) and (b); and
[[Page 32157]]
0
b. By removing paragraph (c).
The revisions read as follows:
Sec. 1603.203 Unavailability or withdrawal of administrative law
judges.
(a) In the event the administrative law judge designated to conduct
the hearing becomes unavailable or withdraws from the adjudication,
another administrative law judge may be designated for the purpose of
further hearing or issuing a decision on the record as made, or both.
At any time administrative law judges deem themselves disqualified,
they may withdraw from an adjudication.
(b) Prior to issuance of a decision on the complaint, any party may
move that the administrative law judge withdraw on the grounds of
personal bias or other disqualification by filing with the
administrative law judge an affidavit setting forth in detail the
matters alleged to constitute grounds for withdrawal promptly upon
discovery of the alleged facts. The administrative law judge shall rule
upon the motion for withdrawal. If the administrative law judge
concludes that the motion was filed promptly and has merit, the
administrative law judge shall immediately withdraw from the
adjudication. If the administrative law judge does not withdraw, the
adjudication shall proceed.
0
11. Amend Sec. 1603.204:
0
a. By revising the last sentence of paragraph (a); and
0
b. By revising paragraphs (b) and (d).
The revisions read as follows:
Sec. 1603.204 Ex parte communications.
(a) * * * Communications between the administrative law judge or
Commission personnel and one party concerning the status of the case,
the date of a hearing, the method of transmitting evidence to the
Commission, and other purely procedural questions are permitted.
(b) ``Decision-making personnel of the Commission'' includes
members of the Commission and their staffs as well as personnel in the
Office of Federal Operations but does not include investigators and
intake staff.
* * * * *
(d) Where it appears that a party has engaged in prohibited ex
parte communications, that party may be required to show cause why, in
the interest of justice, the party's claim or defense should not be
dismissed, denied, or otherwise adversely affected.
Sec. 1603.205 [Amended]
0
12. Amend Sec. 1603.205(b) by removing the comma after the words ``in
the adjudication''.
Sec. 1603.206 [Amended]
0
13. Amend Sec. 1603.206:
0
a. In paragraph (a), in the first sentence, by removing the words ``his
or her'' and adding in their place the words ``the administrative law
judge's'', by removing the comma after the words ``common parties'',
and by adding the word ``common'' before the word ``factual''; and
0
b. In paragraph (b), by removing the words ``his or her'' and adding in
their place the words ``the administrative law judge's'' and by adding
a comma after the word ``claims''.
Sec. 1603.207 [Amended]
0
14. Amend Sec. 1603.207:
0
a. In paragraph (b), by adding the word ``relevant'' before the words
``facts or reasons''; and
0
b. In paragraph (c), by removing the words ``15 days after the filing''
and adding in their place the words ``10 business days after service''.
Sec. 1603.208 [Amended]
0
15. Amend Sec. 1603.208:
0
a. In paragraph (b), in the first sentence, by removing the words ``ten
(10)'' and adding in their place the number ``10'', and in the last
sentence, by removing the words ``judge, in his or her discretion,
orders'' and adding in their place the words ``judge exercises
discretion to order'';
0
b. In paragraph (c), in the third sentence, by adding the words ``or
other digital means'' after the word ``telephone'', and in the last
sentence, by removing the words ``five (5)'' and adding in their place
the number ``5'', and by adding a comma after the word ``vacate''; and
0
c. In paragraph (d), by removing the words ``dilatory, repetitive or
frivolous motions'' and adding in their place the words ``motions that
are repetitive, frivolous, or intended to delay the proceedings''.
0
16. Revise Sec. 1603.209 to read as follows:
Sec. 1603.209 Filing and service.
(a) Unless otherwise ordered by the administrative law judge, a
signed original of each motion, brief, or other document shall be filed
with the administrative law judge, with a certificate of service
indicating that a copy has been sent to all other parties and stating
the date and manner of service. Digitally submitted documents may be
electronically signed. All documents presented in hard copy shall be on
standard size (8\1/2\ x 11) paper. Each document filed shall be clear
and legible.
(b) Filing and service shall be made by first class mail or other
more expeditious means of delivery, including, at the discretion of the
administrative law judge, by facsimile, digital transmission, or other
means. The administrative law judge may exercise discretion to limit
the number of pages that may be filed or served by facsimile. Service
shall be made on a party's representative, or, if not represented, on
the party.
(c) Every document shall contain a caption including the parties'
names, the complaint number or docket number assigned to the matter, a
designation of the type of filing (e.g., motion, brief, etc.), and the
filing person's signature and contact information.
Sec. 1603.210 [Amended]
0
17. Amend Sec. 1603.210(b) by adding a comma after the word
``admission''.
Sec. 1603.211 [Amended]
0
18. Amend Sec. 1603.211:
0
a. In paragraph (a), in the last sentence, by adding the word ``state''
before the words ``the date and time''; and
0
b. In paragraph (b), in the second sentence, by adding the word
``also'' before the words ``be served upon''.
Sec. 1603.213 [Amended]
0
19. Amend Sec. 1603.213:
0
a. In paragraph (a) introductory text, by adding the words ``either
independently or'' before the words ``upon motion of a party'', and by
removing the words ``or upon his or her own motion'';
0
b. In paragraph (a)(2), by removing the word ``ruling'' and adding in
its place the word ``appeal'', and by removing the word ``or'' and
adding in its place the word ``and'';
0
c. In paragraph (a)(3), by removing the word ``ruling'' and adding in
its place the word ``appeal'';
0
d. In paragraph (b) introductory text, by removing the words ``ten
(10)'' and adding in their place the number ``10''; and
0
e. In paragraph (c), in the last sentence, by removing the comma after
the word ``judge'' and by removing the words ``within his or her
discretion,''.
Sec. 1603.214 [Amended]
0
20. Amend Sec. 1603.214 by adding the word ``that'' before the words
``the rules on hearsay''.
Sec. 1603.215 [Amended]
0
21. Amend Sec. 1603.215:
0
a. In paragraph (a), in the first sentence, by removing the words
``mechanically or stenographically reported'' and adding in their place
the words ``audio or video recorded, stenographically reported, or
both'' and
[[Page 32158]]
in the last sentence, by removing the words ``and the public''; and
0
b. In paragraph (b), by removing a comma after the words ``upon
motion'' and by removing the words ``ten (10)'' and adding in their
place the number ``10''.
Sec. 1603.217 [Amended]
0
22. Amend Sec. 1603.217(b), in the last sentence, by adding a
semicolon after the word ``discovery''.
Sec. 1603.301 [Amended]
0
23. Amend Sec. 1603.301 by removing the citation ``Sec. 1613.213''
and adding in its place the citation ``Sec. 1603.213''.
0
24. Amend Sec. 1603.302:
0
a. By revising paragraph (b); and
0
b. By adding a new paragraph (c).
The revisions read as follows:
Sec. 1603.302 Filing an appeal.
* * * * *
(b) An appeal shall be filed with the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, by mail to P.O.
Box 77960, Washington, DC 20013, by personal delivery or commercial
delivery service, by digital transmission, or by facsimile to 202-663-
7022.
(c) The appellant shall furnish a copy of the appeal to the
opposing party at the same time it is filed with the Commission. In or
attached to the appeal to the Commission, the appellant must certify
the date and method by which service was made on the opposing party.
Sec. 1603.303 [Amended]
0
25. Amend Sec. 1603.303:
0
a. In paragraph (c), introductory text, by adding a comma after the
word ``order'';
0
b. In paragraph (c)(2), by adding a comma after the word
``regulation''; and
0
c. In paragraph (e), by removing the words ``the appeal and'' and by
removing the citation ``Sec. 1603.209'' and adding in its place the
citation ``Sec. 1603.302(b) and (c)''.
Sec. 1603.306 [Amended]
0
26. Amend Sec. 1603.306 by removing a comma after the word
``resides''.
Dated: May 12, 2023.
For the Commission,
Charlotte A. Burrows,
Chair.
[FR Doc. 2023-10575 Filed 5-18-23; 8:45 am]
BILLING CODE 6570-01-P
