[Federal Register: June 3, 2003 (Volume 68, Number 106)]
[Proposed Rules]
[Page 33040-33041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn03-28]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 20
RIN 2900-AL45
Board of Veterans' Appeals: Rules of Practice--Notice Procedures
Relating to Withdrawal of Services by a Representative
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend the Department of Veterans
Affairs' (VA) Board of Veterans' Appeals Rules of Practice to simplify
notice procedures relating to withdrawal of services by a
representative after certification of an appeal. We believe that these
simplified notice procedures would be adequate for establishing proof
of service.
DATES: Comments must be received on or before August 4, 2003.
ADDRESSES: Mail or hand-deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW., Room 1154, Washington, DC 20420; or fax comments to
(202) 273-9289; or e-mail comments to OGCRegulations@mail.va.gov.
Comments should indicate that they are submitted in response to ``RIN
2900-AL45.'' All comments received will be available for public
inspection in the Office of Regulations Management, Room 1158, between
the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except
holidays).
FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice
Chairman, Board of Veterans' Appeals, Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420 (202-565-5978).
SUPPLEMENTARY INFORMATION: The Board of Veterans' Appeals (Board) is an
administrative body that decides appeals from denials by agencies of
original jurisdiction (AOJs) of claims for veterans' benefits. This
document proposes to amend the Board's Rules of Practice for the
purpose of simplifying notice procedures in connection with motions to
withdraw services by a representative after certification of an appeal.
Rule 608(b)(2) (38 CFR 20.608(b)(2)) contains various requirements
relating to withdrawal of services by a representative after
certification of an appeal. The only requirements we propose amending
concern the notice procedures. Currently, a representative must send
the appellant a copy of the representative's motion to withdraw
services by mailing the motion, return receipt requested; after the
representative receives the signed receipt showing that the motion was
received, the representative must file the signed receipt with the
Board. If the appellant files a response, the appellant is required to
send the representative a copy of the response by mailing it, return
receipt requested, and is required to file the signed receipt with the
Board.
We do not believe that the current level of proof of notice is
appropriate. First-class mail is used for other important documents
affecting the appellants and representatives involved in these appeals,
including the AOJ decisions that are the subject of the appeals and the
Board's decisions. We are proposing a change to require merely use of
first-class mail, postage prepaid, with a certificate of service. This
proposed change would be in line with general rules of proof of service
in the Federal Rules of Civil Procedure. Fed. R. Civ. P. 5(d)
(generally, a certificate of service by a party (or attorney) is
sufficient proof of service). We believe these simplified procedures
would provide adequate assurance of receipt, when considered in light
of the benefits of simplification of the notice procedures. These
proposed procedures would remove the extra steps of the current return
receipt requirements and would more easily enable the appellant to file
a response, either opposing or supporting the representative's motion.
Also, these proposed procedures would shorten the time before the
motion is ripe for determination by the Board, expediting the
possibility of a transition, if appropriate, to a new representative.
Accordingly, we propose amending the rule in cases involving a
motion to withdraw services by a representative after certification of
an appeal, to provide that proof of service will be accomplished by
filing a statement with the Board certifying that the motion has been
sent by first-class mail, postage prepaid, to the appellant or that the
response has been sent by first-class mail, postage prepaid, to the
representative, as applicable.
Unfunded Mandates
The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of anticipated costs and benefits before
developing any rule that may result in an expenditure by State, local,
or tribal governments, in the aggregate, or by the private sector of
$100 million or more in any given year. This rule would have no
consequential effect on State, local, or tribal governments.
Paperwork Reduction Act
This document contains no provisions constituting a new collection
of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Executive Order 12866
This regulatory amendment has been reviewed by the Office of
Management and Budget under the provisions of Executive Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that this regulatory amendment would
not have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (RFA), 5
U.S.C. 601-612. This rule would merely concern requirements for proof
of service of motions for withdrawal of services by a representative
after certification of an appeal before the Board, and for proof of
service of responses to such motions. Moreover, such motions and
responses are events that occur in only a minor proportion of the cases
before the Board. Any economic impact on small entities would be
minimal. Therefore, pursuant to 5 U.S.C. 605(b), this amendment is
exempt from the initial and final regulatory flexibility analysis
requirements of sections 603 and 604.
List of Subjects in 38 CFR Part 20
Administrative practice and procedure, Attorneys, Lawyers, Legal
services, Procedural rules, Veterans.
Approved: May 27, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 20 is proposed
to be amended as set forth:
PART 20--BOARD OF VETERANS' APPEALS: RULES OF PRACTICE
1. The authority citation for part 20 continues to read as follows:
Authority: 38 U.S.C. 501(a) and as noted in specific sections.
Sec. 20.608 [Amended]
2. Section 20.608, paragraph (b)(2) is amended by:
A. In the third sentence, removing ``permitted.'' and adding, in
its place, ``permitted, and a signed statement certifying that a copy
of the motion was sent by first-class mail, postage prepaid, to the
appellant, setting forth the address to which the copy was mailed.''
B. Removing the sixth and seventh sentences.
C. In the eighth sentence, removing ``motion.'' and adding, in its
place, ``motion and must include a signed
[[Page 33041]]
statement certifying that a copy of the response was sent by first-
class mail, postage prepaid, to the representative, setting forth the
address to which the copy was mailed.''
D. Removing the ninth and tenth sentences.
[FR Doc. 03-13797 Filed 6-2-03; 8:45 am]
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