[Last updated December 15, 2020 12:48 PM.]
Federal agencies are developing policies to manage their adjudication caseloads while promoting public health and safety. ACUS is providing the resources below for agencies and compiling relevant orders, policies, news releases, and other statements as agencies make them available on their websites and in the Federal Register.
Please contact Jeremy Graboyes (jgraboyes@acus.gov) for more information or to provide additions, updates, or corrections.
Resources for Agencies
Agency Issuances
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Armed Services Board of Contract Appeals (Department of Defense)
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Civilian Board of Contract Appeals (General Services Administration)
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Coast Guard (Department of Homeland Security)
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Copyright Royalty Board (Library of Congress)
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Executive Office for Immigration Review (Department of Justice)
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Internal Revenue Service (Department of the Treasury)
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Patent and Trademark Office (Department of Commerce)
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U.S. Citizenship and Immigration Services (Department of Homeland Security)
Resources for Agencies
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Recommendation 2014-7, Best Practices for Using Video Teleconferencing for Hearings
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Recommendation 2011-4, Agency Use of Video Hearings: Best Practices and Possibilities for Expansion
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Jeremy S. Graboyes, Legal Considerations for Remote Hearings in Agency Adjudications (June 16, 2020)
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Adjudication During the COVID-19 Pandemic: Questions for Agencies to Consider (April 14, 2020)
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Martin E. Gruen & Christine R. Williams, Center for Legal & Court Technology, Handbook on Best Practices for Using Video Teleconferencing in Adjudicatory Hearings (Dec. 2015)
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Center for Legal & Court Technology, Best Practices for Using Video Teleconferencing for Hearings and Related Proceedings (Nov. 2014)
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Funmi E. Olorunnipa, Agency Use of Video Hearings: Best Practices and Possibilities for Expansion (May 2011)
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Coronavirus (COVID-19) Guidance for U.S. Government Websites and Social Media (Digital.gov)
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United States Courts, Court Orders and Updates During COVID-19 Pandemic
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National Center for State Courts, Coronavirus and the Courts
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Remote Courts Worldwide (Society for Computers and Law)
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National Association of Administrative Law Judges, Platforms Used by Administrative Courts to Conduct Remote Hearings
Agency Issuances (alphabetical by agency or office)
Armed Services Board of Contract Appeals (Department of Defense)
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March 16, 2020 – General statement on email submissions
Civilian Board of Contract Appeals (General Services Administration)
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April 3, 2020 – Sample order setting schedule for proceedings: 4K Global-Acc Joint Venture v. DOL, Order
Coast Guard (Department of Homeland Security)
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Best Practices for Parties Participating in USCG Zoom Hearings
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Best Practices for Witnesses Participating in USCG Zoom Hearings
Commodity Futures Trading Commission
Copyright Royalty Board (Library of Congress)
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March 27, 2020 – Library of Congress Buildings and Facilities Closed to the Public until Further Notice (note on e-filing)
Office of Hearings & Appeals
Environmental Protection Agency
Environmental Appeals Board
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September 21, 2020 – Revised Order Authorizing Electronic Service of Documents in Permit and Enforcement Appeals
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July 7, 2020 – Order Authorizing Electronic Service of Documents in Permit and Enforcement Appeals
Office of Administrative Law Judges
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April 28, 2020 – Sample order: Order Granting Joint Motion for Extension of Time
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April 10, 2020 – Order Urging Electronic Service and Filing
Equal Employment Opportunity Commission
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April 6, 2020 – Processing Information for All Parties in Federal EEO Processing under 29 CFR Part 1614
Executive Office for Immigration Review (Department of Justice)
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July 17, 2020 – Department of Justice and Department of Homeland Security Announce Plan to Resetart MPP Hearings
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June 16, 2020 – Department of Justice and Department of Homeland Security Joint Statement on Rescheduling MPP Hearings
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June 11, 2020 – EOIR to Resume Hearings in Non-Detained Cases at the Honolulu Immigration Court
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June 11, 2020 – EOIR Practices Related to the COVID-19 Outbreak
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March 23, 2020 – Joint DHS/EOIR Statement on MPP Rescheduling
Federal Energy Regulatory Commission
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Office of Administrative Law Judges, Remote Hearing Guidance for Participants
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September 23, 2020 – Notice to the Public: Remote Hearing Guidance for Participants
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June 17, 2020 – Notice to the Public: Revisions to the Electronic Hearing Rules and Procedures
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May 15, 2020 – Sample order: Order of Presiding Judge Converting In-Person Hearing to Remote, Virtual Hearing and Scheduling Technology Tutorial for Remote, Virtual Hearing
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May 5, 2020 – Sample order: Order on Instructions for Public Access to Hearing
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May 4, 2020 – Sample order: Order of Chief Judge Denying Motion
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April 23, 2020 – Chief Administrative Law Judge's Notice ot the Public, Notice of Remote Hearings
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April 3, 2020 – Sample order: Notice of Presiding Judge Waiving Requirement to File Hardcopies
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April 2, 2020 – Supplemental Notice Granting Extension of Time for Non-Statutory Deadlines, Waiving Regulations, and Shortening Answer Period
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March 27, 2020 – Sample order: Order of Presiding Judge on Emergency Motion to Extend Deadline to File Cost-of-Service Rebuttal Testimony
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March 19, 2020 – Notice Granting Extension of Time
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March 13, 2020 – FERC Coronavirus Update: March Meeting Canceled, Staff Telework Encouraged, Building Closed to Public
Federal Labor Relations Authority
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July 31, 2020 – FLRA's Updated Operating Status
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June 23, 2020 – FLRA's Updated Operating Status
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June 5, 2020 – FLRA Rep Hearings to be Conducted by Videoconference
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May 11, 2020 – FLRA's Updated Operating Status
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March 20, 2020 – Federal Labor Relations Authority Operating Status
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May 19, 2020 – Waiver of Certain Filing Requirements Due to Covid19; Order
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March 19, 2020 – Temporary Adjustments in FMC Operations
Federal Mediation and Conciliation Service
Federal Mine Safety and Health Review Commission
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December 9, 2020 – Temporary Suspension of In-Person Hearings
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December 9, 2020 – Sending Case Issuances Through Electronic Mail
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August 13, 2020 – Sending Case Issuances Through Electronic Mail
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August 13, 2020 – Temporary Suspension of In-Person Hearings
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July 6, 2020 – Sending Case Issuances Through Electronic Mail
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July 1, 2020 – Temporary Suspension of In-Person Hearings
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June 2, 2020 – Sending Case Issuances Through Electronic Mail
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June 2, 2020 – Temporary Suspension of In-Person Hearings
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May 18, 2020 – Temporary Suspension of In-Person Hearings
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May 12, 2020 – Sending Case Issuances Through Electronic Mail
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May 12, 2020 – Temporary Suspension of In-Person Hearings
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April 27, 2020 – Sending Case Issuances Through Electronic Mail
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April 16, 2020 – Temporary Suspension of In-Person Hearings
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April 10, 2020 – Temporary Suspension of In-Person Hearings
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April 2, 2020 – Sending Case Issuances Through Electronic Mail
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March 30, 2020 – Sending Case Issuances Through Electronic Mail
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March 24, 2020 – Temporary Suspension of In-Person Hearings
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March 19, 2020 – Sending Case Issuances Through Electronic Mail
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March 18, 2020 – Temporary Suspension of In-Person Hearings
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March 13, 2020 – Oral Argument and Open Meetings
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September 1, 2020 – Sample order: In the Matter of Axon Enterprise & Safariland, Supplemental Commission Order on Public Access to the Evidentiary Hearing in Light of the Public Health Emergency
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July 6, 2020 – Due to COVID-19 Pandemic, FTC Grants Public Access to Four Administrative Proceedings Via Telephone or Live Streaming
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June 3, 2020 – Sample order: In the Matter of Altria Group & JUUL Labs, Third Order Regarding Scheduling in Light of Public Health Emergency
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April 13, 2020 – Sample order: In the Matter of Altria Group & JUUL Labs, Second Order Regarding Scheduling in Light of Public Health Emergency
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March 19, 2020 – Sample order: In the Matter of Peabody Energy Corp & Arch Coal, Order Regarding Scheduling in Light of Public Health Emergency
Health and Human Services Department
Centers for Medicare & Medicaid Services
Departmental Appeals Board
Office of Medicare Hearings and Appeals
Provider Reimbursement Review Board
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March 25, 2020 – ALERT 19: Temporary COVID-19 Adjustments to PRRB Processes
Housing and Urban Development Department
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March 13, 2020 – To All Parties in Pending Cases
Departmental Cases Hearing Division
Interior Board of Indian Appeals
Interior Board of Land Appeals
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March 24, 2020 – Order, All Appeals Pending Before the Interior Board of Land Appeals
Office of the Director
Probate Hearings Division
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March 23, 2020 – Update on the Status of Probate Hearings Division Operations
Internal Revenue Service (Department of the Treasury)
International Trade Commission
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Import Injury (Title VII) Investigations - COVID-19-Related Questions
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June 26, 2020 – Commission's Measures to Conduct Remote Section 337 Evidentiary Hearings Involving Confidential Business Information
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May 14, 2020 – Notice of Commission Determination To Extend Postponement of All In-Person Section 337 Hearings Until July 10, 2020
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April 16, 2020 – Temporary Change to Antidumping/Countervailing Duty Conference and Hearing Procedures
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March 16, 2020 – Temporary Change to Filing Procedures
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March 16, 2020 – Temporary Change to Filing Procedures
Administrative Review Board
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December 7, 2020 – Notice Regarding Change to Electronic Filing System
Benefits Review Board
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December 7, 2020 – Notice Regarding Change to Electronic Filing System
Office of Administrative Law Judges
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Subpoena Processing - New Electronic Options
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December 2, 2020 – Administrative Notice, In Re: Launch of EFILE.DOL.GOV
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June 1, 2020 – Administrative Order and Notice, In Re: Continued Suspension of In-Person Hearings Due to COVID-19 National Emergency
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May 7, 2020 – Subpoenas - Updated Procedures for Cases Pending Before the District Director
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April 29, 2020 – Subpoenas - New Electronic Options
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April 16, 2020 – Administrative Notice, In Re: Implementation of Electronic Service During COVID-19 Pandemic
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April 10, 2020 – Supplemental Administrative Order and Notice, In Re: Suspension of Hearings and Procedural Deadlines Due to COVID-19 National Emergency
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March 19, 2020 – Administrative Order and Notice, In Re: Suspension of Hearings and Procedural Deadlines Due to COVID-19 National Emergency
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March 17, 2020 – Administrative Notice, In Re: Relaxation of Filing and Service Requirements
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March 13, 2020 – Administrative Notice, In Re: Temporary Suspension of In-Person Hearings
Merit Systems Protection Board
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Zoom for Government Rules of Behavior for External Participants
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July 2, 2020 – The U.S. Merit Systems Protection Board's Response to the Coronavirus (COVID-19)
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June 9, 2020 – The U.S. Merit Systems Protection Board's Response to the Coronavirus (COVID-19)
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May 26, 2020 – The U.S. Merit Systems Protection Board's Response to the Coronavirus (COVID-19)
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May 12, 2020 – The U.S. Merit Systems Protection Board's Response to the Coronavirus (COVID-19)
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April 30, 2020 – Zoom for Government Rules of Behavior for External Participants
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April 27, 2020 – The U.S. Merit Systems Protection Board's Response to the Coronavirus (COVID-19)
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April 6, 2020 – Extension of Mandatory Telework
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March 27, 2020 – Procedures for Making Limited Exceptions to 5 C.F.R. §§ 1201.14(d) and 1201.26(b) During the Coronavirus (COVID-19) Pandemic and the National Emergency
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March 23, 2020 – Extension of Mandatory Telework
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March 16, 2020 – The U.S. Merit Systems Protection Board’s Response to the Coronavirus (COVID-19)
National Labor Relations Board
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November 9, 2020 – Order, Aspirus Keweenaw and Michigan Nurses Association
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September 22, 2020 – Order, Oxarc and Teamsters Local 839
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August 25, 2020 – General Counsel Memo 20-12, Remote Unfair Labor Practice Hearings During COVID-19 Pandemic
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August 20, 2020 – Order, XPO Cartage, Inc. and International Brotherhood of Teamsters
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August 13, 2020 – Order, William Beaumont Hospital and Michigan Nurses Association
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May 15, 2020 – Division of Judges Will Resume Trials Effective June 1, 2020
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May 11, 2020 – Order, Morrison Healthcare and SEIU United Healthcare Workers
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April 17, 2020 – COVID-19 Operational Status Update
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April 15, 2020 – Order Postponing Trials Scheduled for Hearing in May 2020
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April 8, 2020 – Board Delays Effective Date of Election Protection Final Rule
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April 2, 2020 – General Counsel Memo 20-05, Electronic Issuance of Complaints and Compliance Specifications
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April 1, 2020 – NLRB Resumes Representation Elections
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March 30, 2020 – Sample order: Kadlec Regional Medical Center, Order Postponing Hearing Due to Coronavirus Outbreak
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March 23, 2020 – Updates on Temporary NLRB Office Closures (Phoenix, Birmingham)
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March 20, 2020 – Updates on NLRB Office Closures (San Francisco, Denver, Manhattan)
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March 19, 2020 – National Labor Relations Board Suspends Representation Elections Through April 3, 2020
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March 19, 2020 – Temporary Closure of Two Regional Offices Due to Possible COVID-19 Exposures (Cleveland, New Orleans)
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March 16, 2020 – NLRB Announces Agency-wide Telework Until April 1
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March 15, 2020 – Temporary Closure of Three Regional Offices Due to Possible COVID-19 Exposures (Manhattan, Detroit, Chicago)
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March 12, 2020 – NLRB Directs Washington D.C. Headquarters Employees to Temporarily Telework
National Transportation Safety Board
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NMB Modifies Representation Case Handling During COVID-19 Pandemic Health Crisis
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June 2020 – NMB Resumes Normal Representation Case Handling
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June 1, 2020 – NMB Extends Limits on Representation Case Handling during COVID-19 Pandemic Health Crisis thru June 15, 2020
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April 20, 2020 – NMB Extends Limits on Representation Case Handling During COVID-19 Health Crisis
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April 17, 2020 – Notice of Reopening - NMB Washington, D.C. Office
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April 15, 2020 – NMB Washington, D.C. Office Temporarily Closed – April 15 & 16, 2020
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April 2, 2020 – Message from the National Mediation Board
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March 27, 2020 – Section 3 Arbitration Timelines
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March 25, 2020 – Arbitrator Travel Restrictions
Occupational Safety and Health Review Commission
Patent and Trademark Office (Department of Commerce)
Examiners, Patent Trial and Appeal Board, and Trademark Trial and Appeal Board
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Patents and Patent Trial and Appeal Board (PTAB) FAQs: Extension of Deadlines Under the CARES Act
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June 29, 2020 – USPTO extends certain CARES Act relief for small and micro entities
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May 18, 2020 – USPTO releases additional information on the COVID-19 Prioritized Examination Pilot Program
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May 14, 2020 – COVID-19 Prioritized Examination Pilot Program (see also Correction)
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May 8, 2020 – USPTO announces COVID-19 Prioritized Examination Pilot Program for small and micro entities
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April 30, 2020 – Responding to COVID-19: A joint message of support for inventors from the USPTO and EPO
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April 28, 2020 – USPTO extends certain patent and trademark deadlines to June 1
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March 31, 2020 – USPTO announces extension of certain patent and trademark timing deadlines under the Coronavirus Aid, Relief, and Security Act
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March 19, 2020 – USPTO waives original handwritten signature requirement
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March 13, 2020 – USPTO update on in-person meetings
Securities and Exchange Commission
Social Security Administration
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October 5, 2020 – Requiring Electronic Submission of Evidence by Certain Claimant Representatives
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September 3, 2020 – Social Security Announces New Online Video Hearings
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April 17, 2020 – Program Operations Manual System Update: Development of Consultative Examinations
U.S. Citizenship and Immigration Services (Department of Homeland Security)
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September 23, 2020 – Asylum Interview Interpreter Requirement Modification Due to COVID-19
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June 4, 2020 – USCIS Offices Preparing to Reopen on June 4
Board of Veterans' Appeals
Veterans Benefits Administration
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August 27, 2020 – Disruption of Mail Service
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April 20, 2020 – Disruption of Mail Service