Rules of Practice and Procedure

The Department of Labor (DOL or Department) is issuing this Direct Final Rule (DFR) to seek public comments on a proposal to require electronic filing (e-filing) and electronic service (e-service) for attorneys and lay representatives representing parties in proceedings before the Employees' Compensation Appeals Board (the Board). These regulations establish e-filing and e-service rules of practice and procedure for the Board that would apply where a governing statute, regulation, or executive order does not establish contrary rules of practice or procedure. The rule mandates e-filing, makes e- service automatic of documents for parties represented by attorneys and duly authorized lay representatives unless good cause is shown justifying a different form of filing, and provides an option for pro se/self-represented parties to utilize these capabilities. It also allows the Board, in its discretion, to hold oral arguments by videoconference.