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Last revision: April 10, 1992
§1614.308 Practices and procedures of the Special Panel.
(a) Scope. The rules in this subpart apply to proceedings before
the Special Panel.
(b) Suspension of rules in this subpart. In the interest of
expediting a decision, or for good cause shown, the Chairman of the
Special Panel may, except where the rule in this subpart is required
by statute, suspend the rules in this subpart on application of a
party, or on his or her own motion, and may order proceedings in
accordance with his or her direction.
(c) Time limit for proceedings. Pursuant to 5 U.S.C.
7702(d)(2)(A), the Special Panel shall issue a decision within 45 days
of the matter being certified to it.
(d) Administrative assistance to Special Panel. (1) The MSPB and
the EEOC shall provide the Panel with such reasonable and necessary
administrative resources as determined by the Chairman of the Special
(2) Assistance shall include, but is not limited to, processing
vouchers for pay and travel expenses.
(3) The Board and the EEOC shall be responsible for all
administrative costs incurred by the Special Panel and, to the extent
practicable, shall equally divide the costs of providing such
administrative assistance. The Chairman of the Special Panel shall
resolve the manner in which costs are divided in the event of a
disagreement between the Board and the EEOC.
(e) Maintenance of the official record. The Board shall maintain
the official record. The Board shall transmit two copies of each
submission filed to each member of the Special Panel in an expeditious
(f) Filing and service of pleadings. (1) The parties shall file
the original and six copies of all submissions with the Clerk, Merit
Systems Protection Board, 1120 Vermont Avenue, NW., Washington, DC
20419. One copy of each submission shall be served on the other
(2) A certificate of service specifying how and when service was
made must accompany all submissions of the parties.
(3) Service may be by mail or by personal delivery during normal
business hours (8:15 a.m.-4:45 p.m.). Due to the short statutory time
limit, parties are required to file their submissions by overnight
delivery service should they file by mail.
(4) The date of filing shall be determined by the date of mailing
as indicated by the order date for the overnight delivery service. If
the filing is by personal delivery, it shall be considered filed on
that date it is received in the office of the Clerk, MSPB.
(g) Briefs and responsive pleadings. If the parties wish to
submit written argument, briefs shall be filed with the Special Panel
within 15 days of the date of the Board's certification order. Due to
the short statutory time limit responsive pleadings will not
ordinarily be permitted.
(h) Oral argument. The parties have the right to oral argument if
desired. Parties wishing to exercise this right shall so indicate at
the time of filing their brief, or if no brief is filed, within 15
days of the date of the Board's certification order. Upon receipt of
a request for argument, the Chairman of the Special Panel shall
determine the time and place for argument and the time to be allowed
each side, and shall so notify the parties.
(i) Post-argument submissions. Due to the short statutory time
limit, no post-argument submissions will be permitted except by order
of the Chairman of the Special Panel.
(j) Procedural matters. Any procedural matters not addressed in
this subpart shall be resolved by written order of the Chairman of the