[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.308]

[Page 275]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                      Subpart C--Related Processes
 
Sec. 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 
Panel.
    (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 manner.
    (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 parties.
    (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 
Special Panel.

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