Rule2024-16428

Rules of Procedure Before the Judicial Officer

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
July 30, 2024
Effective
July 30, 2024

Issuing agencies

Postal Service

Abstract

This document amends the rules of practice prescribed by the Judicial Officer to implement a new electronic filing system and update the rule titles.

Full Text

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<title>Federal Register, Volume 89 Issue 146 (Tuesday, July 30, 2024)</title>
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[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61019-61022]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16428]


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POSTAL SERVICE

39 CFR Parts 951, 952, 953, 954, 955, 957, 958, 959, 960, 961, 962, 
963, 964, 965, and 966


Rules of Procedure Before the Judicial Officer

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Final rule.

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SUMMARY: This document amends the rules of practice prescribed by the 
Judicial Officer to implement a new electronic filing system and update 
the rule titles.

DATES: Effective July 30, 2024.

[[Page 61020]]


FOR FURTHER INFORMATION CONTACT: Staff Counsel Zahava Colicelli at 
(708) 812-1927.

SUPPLEMENTARY INFORMATION: 

A. Background

    The Judicial Officer Department recently implemented a new 
electronic filing system with an updated internet address. Changes to 
the rules of practice are necessary to accommodate the new internet 
address. The Judicial Officer Department has also updated the headings 
of the Rules of Practice.

B. Explanation of Changes

Amendments to 39 CFR Part 951

    The rule is amended to update the heading.

Amendments to 39 CFR Part 952

    The rule is amended to update the heading.
    Section 952.4(b) is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 953

    The rule is amended to update the heading.
    Section 953.2 is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 954

    The rule is amended to update the heading.
    Section 954.4(b) is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 955

    The rule is amended to update the heading.
    Section 955.1(b)(1) is amended to update the internet addresses for 
the Board's website and electronic filing system.

Amendments to 39 CFR Part 957

    The rule is amended to update the heading.
    Section 957.3 is amended to update the internet address for the 
Judicial Officer website.
    Section 957.6 is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 958

    The rule is amended to update the heading.
    Section 958.19(b) is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 959

    The rule is amended to update the heading.
    Section 959.3(b) is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 960

    The rule is amended to update the heading.

Amendments to 39 CFR Part 961

    The rule is amended to update the heading.
    In Sec.  961.4, paragraphs (a) and (b) are amended to update the 
internet address for the electronic filing system.

Amendments to 39 CFR Part 962

    The rule is amended to update the heading.
    Section 962.22(a) is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 963

    The rule is amended to update the heading.
    In Sec.  963.3, paragraph (a) and (d) are amended to update the 
internet address for the electronic filing system.

Amendments to 39 CFR Part 964

    The rule is amended to update the heading.
    Section 964.3(a) is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 965

    The rule is amended to update the heading.
    Section 965.5 is amended to update the internet address for the 
electronic filing system.

Amendments to 39 CFR Part 966

    The rule is amended to update the heading.
    Section 966.3(j) is amended to update the internet address for the 
Judicial Officer website.
    In Sec.  966.4, paragraphs (c) and (d) are amended to update the 
internet address for the electronic filing system.

List of Subjects

39 CFR Parts 951 and 958

    Administrative practice and procedure, Postal Service.

39 CFR Part 952

    Administrative practice and procedure, Fraud, Lotteries, Postal 
Service.

39 CFR Part 953

    Administrative practice and procedure, Mailability, Postal Service.

39 CFR Part 954

    Administrative practice and procedure, Periodicals, Postal Service.

39 CFR Part 955

    Administrative practice and procedure, Government contracts, Postal 
Service.

39 CFR Part 957

    Administrative practice and procedure, Government contracts.

39 CFR Part 959

    Administrative practice and procedure, Private express statute, 
Privacy, Postal Service.

39 CFR Part 960

    Claims, Equal access to justice, Lawyers.

39 CFR Parts 961 and 966

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

39 CFR Part 962

    Administrative practice and procedure, Fraud, Postal Service.

39 CFR Part 963

    Administrative practice and procedure, Advertising, Postal Service.

39 CFR Part 964

    Administrative practice and procedure, Fictitious names or 
addresses, Fraud, Postal Service.

39 CFR Part 965

    Administrative practice and procedure, Mail disputes, Postal 
Service.

    Accordingly, for the reasons stated, the Postal Service amends 39 
CFR parts 951, 952, 953, 954, 955, 957, 958, 959, 960, 961, 962, 963, 
964, 965, and 966 as follows:

PART 951--ELIGIBILITY TO PRACTICE BEFORE THE POSTAL SERVICE

0
1. The authority citation for 39 CFR part 951 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401.

0
2. The heading for part 951 is revised to read as set forth above.

PART 952--FALSE REPRESENTATION AND LOTTERY ORDERS

0
3. The authority citation for 39 CFR part 952 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3001, 3005, 3012, 3016; 5 U.S.C. 
554.

0
4. The heading for part 952 is revised to read as set forth above.

0
5. In Sec.  952.4, paragraph (b) is revised to read as follows:


Sec.  952.4   Office business hours; electronic filing.

* * * * *

[[Page 61021]]

    (b) The Judicial Officer electronic filing system website is 
accessible 24 hours a day at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>.

PART 953--MAILABILITY

0
6. The authority citation for 39 CFR part 953 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3001; 5 U.S.C. 554.

0
7. The heading for part 953 is revised to read as set forth above.

0
8. Revise Sec.  953.2 to read as follows:


Sec.  953.2   Initiation.

    Mailability proceedings are initiated upon the filing of an appeal 
in the Judicial Officer electronic filing system at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a> or with the Recorder, Judicial Officer 
Department, U.S. Postal Service, 2101 Wilson Boulevard, Suite 600, 
Arlington, VA 22201-3078.

PART 954--DENIAL, SUSPENSION, OR REVOCATON OF PERIODICALS MAIL 
PRIVILEGES

0
9. The authority citation for 39 CFR part 954 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401, 3685; 5 U.S.C. 554.

0
10. The heading for part 954 is revised to read as set forth above.

0
11. In Sec.  954.4, paragraph (b) is revised to read as follows:


Sec.  954.4   Office business hours; electronic filing.

* * * * *
    (b) The Judicial Officer electronic filing system website is 
accessible 24 hours a day at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>.

PART 955--POSTAL SERVICE BOARD OF CONTRACT APPEALS

0
12. The authority citation for 39 CFR part 955 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401; 41 U.S.C. 7101-7109.

0
13. The heading for part 955 is revised to read as set forth above.

0
14. In Sec.  955.1, paragraph (b)(1) is revised to read as follows:


Sec.  955.1  Jurisdiction, procedure, service of documents.

* * * * *
    (b) * * *
    (1) The Board is located at 2101 Wilson Boulevard, Suite 600, 
Arlington, Virginia 22201-3078. The Board's telephone number is (703) 
812-1900, and its website is <a href="https://about.usps.com/who/judicial">https://about.usps.com/who/judicial</a>. The 
Board's fax number is (703) 812-1901. The website for electronic filing 
is <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>.
* * * * *

PART 957--DEBARMENT AND SUSPENSION FROM CONTRACTING

0
15. The authority citation for 39 CFR part 957 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401.


0
16. The heading for part 957 is revised to read as set forth above.

0
17. In Sec.  957.3, the last sentence of paragraph (g) is revised to 
read as follows:


Sec.  957.3  Definitions.

* * * * *
    (g) * * * The Recorder's telephone number is (703) 812-1900, fax 
number is (703) 812-1901, and the Judicial Officer's website is <a href="https://about.usps.com/who/judicial/">https://about.usps.com/who/judicial/</a>.


0
18. In Sec.  957.6, the second sentence is revised to read as follows:


Sec.  957.6   Filing documents for the record.

    * * * The website for electronic filing is <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>. * * *

PART 958--HAZARDOUS MATERIALS

0
19. The authority citation for 39 CFR part 958 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3001, 3018; 5 U.S.C. 554.


0
20. The heading for part 958 is revised to read as set forth above.

0
21. In Sec.  958.19, the second sentence of paragraph (b) is revised to 
read as follows:


Sec.  958.19  Form and filing of documents.

* * * * *
    (b) * * * The Judicial Officer electronic filing system website is 
accessible 24 hours a day at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>. * * *

PART 959--PRIVATE EXPRESS STATUTES

0
22. The authority citation for 39 CFR part 959 continues to read as 
follows:

    Authority:  39 U.S.C. 204, 401; 601-606; 18 U.S.C. 1693-1699; 5 
U.S.C. 554; 39 CFR 310, 320.


0
23. The heading for part 959 is revised to read as set forth above.

0
24. In Sec.  959.3, paragraph (b) is revised to read as follows:


Sec.  959.3  Office address and business hours; electronic filing.

* * * * *
    (b) The Judicial Officer electronic filing system website is 
accessible 24 hours a day at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>.

PART 960--EQUAL ACCESS TO JUSTICE ACT IN POSTAL SERVICE PROCEEDINGS

0
25. The authority citation for 39 CFR part 960 continues to read as 
follows:

    Authority: 5 U.S.C. 504 (c)(1); 39 U.S.C. 204, 401 (2).


0
26. The heading for part 960 is revised to read as set forth above.

PART 961--DEBT COLLECTION ACT PETITIONS AGAINST CURRENT EMPLOYEES

0
27. 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
28. The heading for part 961 is revised to read as set forth above.

0
29. In Sec.  961.4, the first sentence of paragraph (a) and first 
sentence of paragraph (b) introductory text are revised 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 <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>. * * *
    (b) A sample petition is available through the Judicial Officer 
Electronic Filing website (<a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>). * * *
* * * * *

PART 962--PROGRAM FRAUD CIVIL REMEDIES ACT

0
30. The authority citation for 39 CFR part 962 continues to read as 
follows:

    Authority: 31 U.S.C. 3801-12; 39 U.S.C. 401; 5 U.S.C. 554.


0
31. The heading for part 962 is revised to read as set forth above.

0
32. In Sec.  962.22, the second sentence of paragraph (a) introductory 
text is revised to read as follows:


Sec.  962.22   Form and filing of documents.

[[Page 61022]]

    (a) * * * The Judicial Officer electronic filing system website is 
accessible 24 hours a day at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>. * * *
* * * * *

PART 963--PANDERING

0
33. The authority citation for 39 CFR part 963 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3008.


0
34. The heading for part 963 is revised to read as set forth above.

0
35. In Sec.  963.3, the last sentence in paragraph (a) and the first 
sentence in paragraph (d) are revised to read as follows:


Sec.  963.3  Petition; notice of hearing; answer; filing and copies of 
documents; summary judgment.

    (a) * * * The Manager will forward each timely petition to the 
Recorder through the Judicial Officer Department electronic filing 
system at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>.
* * * * *
    (d) * * * All documents required under this part must be filed 
using the electronic filing system (<a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>) unless the presiding officer permits 
otherwise. * * *
* * * * *

PART 964--WITHHELD MAIL

0
36. The authority citation for 39 CFR part 964 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401, 3003, 3004; 5 U.S.C. 554.


0
37. The heading for part 964 is revised to read as set forth above.

0
38. In Sec.  964.3, the second sentence of paragraph (a) is revised to 
read as follows:


Sec.  964.3  Customer petitions; notice of hearing; answer; summary 
judgment.

    (a) * * * The Petition, signed by the Petitioner or his or her 
attorney, shall be filed via the Judicial Officer Electronic filing 
system at <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a> or via certified 
mail to the Recorder, Judicial Officer Department, United States Postal 
Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. * 
* *
* * * * *

PART 965--MAIL DISPUTES

0
39. The authority citation for 39 CFR part 965 continues to read as 
follows:

    Authority: 39 U.S.C. 204, 401.


0
40. The heading for part 965 is revised to read as set forth above.

0
41. In Sec.  965.5, the first sentence is revised to read as follows:


Sec.  965.5  Initial submissions by parties.

    Within 15 days after receipt of the Recorder's notice, each party 
shall file via the Judicial Officer electronic filing system (<a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>) a sworn statement of the facts 
supporting its claim to receipt of the mail together with a copy of 
each document on which it relies in making such claim, and any 
arguments supporting its claim. * * *

PART 966--ADMINISTRATIVE OFFSETS INITIATED AGAINST FORMER POSTAL 
SERVICE EMPLOYEES

0
42. 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
43. The heading for part 966 is revised to read as set forth above.

0
44. In Sec.  966.3, the last sentence of paragraph (j) is revised to 
read as follows:


Sec.  966.3  Definitions.

* * * * *
    (j) * * * The recorder's telephone number is (703) 812-1900, and 
the Judicial Officer's website is <a href="https://about.usps.com/who/judicial/">https://about.usps.com/who/judicial/</a>.

0
45. In Sec.  966.4, paragraph (c) and the first sentence of paragraph 
(d) introductory text are revised 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 <a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>, 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 website (<a href="https://usps-judicialoffice.journaltech.com">https://usps-judicialoffice.journaltech.com</a>). * * *
* * * * *

Colleen Hibbert-Kapler,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2024-16428 Filed 7-29-24; 8:45 am]
BILLING CODE 7710-12-P


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Indexed from Federal Register on July 30, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.