CONGRATULATIONS CLASS OF 2011

"Regulations as the Congress shall make." This power of Congress has rarely been exercised, except to refine the procedures for obtaining Court review of lower court decisions; over the years the trend has been for Congress to allow the Court maximum discretion in deciding whether to accept or reject a case. Of course, the very concept of Congress "allowing" the Court such discretion only reinforces that phrase in Section 2: ". . . supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." The Court is still beholden to Congress as to what cases it may hear, and under what set of regulations that elected body of representatives drafts and approves. The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power . It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature . This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body . The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body.

§ 2344. Review of orders; time; notice; contents of petition; service

SUPREME COURT PLURALITY DECISION (JUSTICE SCALIA) ON FEDERAL CLEAN WATER ACT JURISIDICTION

The jurisdictional standard is determined by the terms of the act. In SWANCC, the Supreme Court determined that the act was clear and should be read as written to avoid the constitutional questions raised by a broad interpretation of the act. As written -- If we look at 1251(a), Congress declares that its purpose is to protect the integrity of the Nation's waters. It used that term, Nation's waters. And then in -- in 1251(a)(1), it says it will accomplish this by eliminating the discharge of pollutants into the navigable waters, showing that it knows how to distinguish between all waters and navigable waters. And then in 1251(b), Congress says we will respect and defer to the States' primary responsibility to address local water pollution and to manage local land and water use. So the way that Congress intended to address this issue was to defer to the States to regulate pollutants upstream while Congress -- or while the Federal Government regulates downstream. That's a perfectly rational approach to this national problem. Congress determined that it would defer to the States instead of exercising any further power beyond its channels authority.

United States Tax Court Rules of
Practice and Procedure

The pages listed below represent the Tax Court Rules of Practice and Procedure in their entirety with all additions and amendments. They are the official files released by the U.S. Tax Court.

Except for the introductory material which is in HTML format, all the other material is in PDF format.

Also at the bottom of this page is a search button to our search engine. From there you can search either the entire U.S. Tax Court section, or all of UncleFed's Tax*Board.

Introduction to the U.S. Tax Court - HTML

Frequently Asked Questions - HTML

Address & Hours of Operation - HTML

Fees & Charges for Filing Petitions - HTML

Search Opinions of the U.S. Tax Court

Download all the Rules in one file . 297 pages; (1.6 megs)

U.S. Tax Court Rules by Title

Title I: Scope of Rules; Rules 1-3
PDF format ; - 2 pages; (92k)
Construction; Effective Date; Definitions.
Rule 1: See New Rules .
Rule 2: Effective Date
Rule 3: Definitions

Title II: The Court. Rules 10-13
PDF format ; 3 pages; (28k)
Rule 10: Name, Office, and Sessions
Rule 11: Payments to Court
Rule 12: Court Records
Rule 13: Jurisdiction

Title III: Commencement of Case; Service and Filing of Papers: Form and Style of Papers; Appearance and Representation; Computation of Time. Rules 20-25
PDF format ; 9 pages; (48k)
Rule 20: Commencement of Case
Rule 21: Service of Papers
Rule 22: Filing
Rule 23: Form & Style of Papers
Rule 24: Appearance & Representation
Rule 25: Computation of Time

Title IV: Pleadings. Rules 30-41
PDF format ; 10 pages; (491k)
Rule 30: Pleadings Allowed
Rule 31: General Rules of Pleading
Rule 32: Form of Pleadings
Rule 33: Signing of Pleadings
Rule 34: Petition
Rule 35: Entry on Docket
Rule 36: Answer:
Rule 37: Reply
Rule 38: Joinder of Issue
Rule 39: Pleading Special Matters
Rule 40: Defenses and Objections Made by Pleading or Motion
Rule 41: Amended and Supplemental Pleadings

Title V: Motions. Rules 50-58
PDF format ; 10 pages; (48k)
Rule 50: General Requirements
Rule 51: Motion for More Definitive Statement
Rule 52: Motion to Strike
Rule 53: Motion to Dismiss
Rule 54: Timely Filing & Joinder of Motions
Rule 55: Motion to Restrain Assessment or Collection
Rule 56: Motion for Review of Jeopardy Assessment or Jeopardy Levy
Rule 57: Motion for Review of Proposed Sale of Seized Property
Rule 58: Miscellaneous

Title VI: Parties. Rules 60-63
PDF format ; 3 pages; (31k)
Rule 60: Proper Parties; Capacity
Rule 61: Permissive Joinder of Parties
Rule 62: Misjoinder of Parties
Rule 63: Substitution of Parties: Change or Correction in Name

Title VII: Discovery. Rules 70-76
PDF format ; 12 pages; (57k)
Rule 70: General Provisions
Rule 71: Interrogatories
Rule 72: Production of Documents and Things
Rule 73: Examination by Transferees
Rule 74: Depositions for Discovery Purposes - Upon Consent of Parties
Rule 75: Depositions for Discovery Purposes - Without Consent of Parties
              in Certain Cases
Rule 76: Deposition of Expert Witnesses

Title VIII: Depositions. Rules 80-85
PDF format ; 12 pages; (52k)
Rule 80: General Provisions
Rule 81: Depositions in Pending Case
Rule 82: Depositions Before Commencement of Case
Rule 83: Depositions After Commencement of Trial
Rule 84: Deposition Upon Written Questions
Rule 85: Objections, Errors, and Irregularities

Title IX: Admissions and Stipulations. Rules 90-92
PDF format ; 7 pages; (40k)
Rule 90: Requests for Admission
Rule 91: Stipulation for Trial
Rule 92: Cases Consolidated for Trial

Title X: General Provisions Governing Discovery, Depositions, and Requests for Admissions. Rules 100-104
PDF format ; 5 pages; (30k)
Rule 100: Applicability
Rule 101: Sequence, Timing, & Frequency
Rule 102: Supplementation of Responses
Rule 103: Protective Orders
Rule 104: Enforcement Actions & Sanctions

Title XI: Pretrial Conferences. Rule 110
PDF format ; 1 page; (19k)
Rule 110: Pretrial Conferences

Title XII: Decision Without Trial. Rules 120-124
PDF format ; 5 pages; (36k)
Rule 120: Judgment on the Pleadings
Rule 121: Summary Judgment
Rule 122: Submission Without Trial
Rule 123: Default & Dismissal
Rule 124: Voluntary Binding Arbitration

Title XIII: Calendars and Continuances. Rules 130-133
PDF format ; 2 pages; (23k)
Rule 130: Motions & Other Matters
Rule 131: Trial Calendars
Rule 132: Special or Other Calendars
Rule 133: Continuances

Title XIV: Trials. Rules 140-152
PDF format ; 12 pages; (53k)
Rule 140: Place of Trial
Rule 141: Consolidation; Separate Trials
Rule 142: Burden of Proof
Rule 143: Evidence
Rule 144: Exceptions Unnecessary
Rule 145: Exclusion of Proposed Witnesses
Rule 146: Determination of Foreign Law
Rule 147: Subpoenas
Rule 148: Fees and Mileage
Rule 149: Failure to Appear or to Adduce Evidence
Rule 150: Record of Proceedings
Rule 151: Briefs
Rule 152: Oral Findings of Fact or Opinion

Title XV: Decision. Rules 155-157
PDF format ; 2 pages; (23k)
Rule 155: Computation by Parties for Entry of Decision
Rule 156: Estate Tax Deduction Developing At or After Trial
Rule 157: Motion to Retain File in Estate Tax Case Involving Section 6166;
               Election

Title XVI: Post-Trial Proceedings. Rules 160-163
PDF format ; 1 pages; (18k)
Rule 160: Harmless Error
Rule 161: Motion for Reconsideration of Findings or Opinion
Rule 162: Motion to Vacate or Revise Decision
Rule 163: No Joinder of Motions Under Rules 161 & 162

Title XVII: Small Tax Cases. Rules 170-179
PDF format ; 3 pages; (31k)
Rule 170: General
Rule 171: Election of Small Tax Case Procedure
Rule 172: Representation
Rule 173: Pleadings - See Notice of Proposed Amendments
Rule 174: Trial
Rule 175: Number of Copies of Papers

Title XVIII: Special Trial Judges. Rules 180-183
PDF format ; 3 pages; (28k)
Rule 180: Assignment
Rule 181: Powers and Duties
Rule 182: Cases in Which the Special Trial Judge Is Authorized To Make
               the Decision - AMENDED: See New Rules .
Rule 183: Other Cases - AMENDED: See New Rules .

Title XIX: Appeals. Rules 190-193
PDF format ; 2 pages; (29k)
Rule 190: How Appeal Taken
Rule 191: Preparation of the Record on Appeal
Rule 192: Bond to Stay Assessment & Collection
Rule 193: Appeals from Interlocutory Orders

Title XX: Practice Before the Court. Rules 200-202
PDF format ; 6 pages; (425k)
Rule 200: AMENDED: See New Rules
Rule 201: Conduct of Practice Before the Court
Rule 202: AMENDED: See New Rules

Title XXI: Declaratory Judgements. Rules 210-218
PDF format ; 16 pages; (69k)
Rule 210: General
Rule 211: Commencement of Action for Declaratory Judgment
Rule 212: Designation of Place for Submission to the Court
Rule 213: Other Pleadings
Rule 214: Joinder of Issue in Action for Declaratory Judgment
Rule 215: Joinder of Parties
Rule 216: Intervention in Retirement Plan Actions
Rule 217: Disposition of Actions for Declaratory Judgment
Rule 218: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXII: Disclosure Actions. Rules 220-229A
PDF format ; 13 pages; (44k)
Rule 220: General
Rule 221: Commencement of Disclosure Action
Rule 222: Designation of Place of Hearing
Rule 223: Other Pleadings
Rule 224: Joinder of Issue
Rule 225: Intervention
Rule 226: Joinder of Parties
Rule 227: Anonymous Parties
Rule 228: Confidentiality
Rule 229: Burden of Proof
Rule 229A: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXIII: Claims for Litigation and Administrative Costs. Rules 230-233
PDF format ; 7 pages; (39k)
Rule 230: General
Rule 231: Claims for Litigation & Administrative Costs
Rule 232: Disposition of Claims for Litigation & Administrative Costs
Rule 233: Miscellaneous

Title XXIV: Partnership Actions. Rules 240-251
PDF format ; 16 pages; (51k)
Rule 240: General
Rule 241: Commencement of Partnership Action
Rule 242: Designation of Place of Trial
Rule 243: Other Pleadings
Rule 244: Joinder of Issue in Partnership Action
Rule 245: Intervention & participation
Rule 246: Service of Papers
Rule 247: Parties
Rule 248: Settlement Agreements
Rule 249: Action for Adjustment of Partnership Items Treated as Action for
               Readjustment of Partnership Items
Rule 250: Appointment & Removal of the Tax Matters Partner
Rule 251: Decisions

Title XXV: Supplemental Proceedings. Rules 260-262
PDF format ; 6 pages; (38k)
Rule 260: Proceeding to Enforce Overpayment
Rule 261: Proceeding to Redetermine Interest
Rule 262: Proceeding to Modify Decision in Estate Tax Case Involving
               Section 6166 Election

Title XXVI: Actions for Administrative Costs. Rules 270 - 274
PDF format ; 5 pages; (34k)
Rule 270: General
Rule 271: Commencement of Action for Administrative Costs
Rule 272: Other Pleadings
Rule 273: Joinder of Issue in Action for Administrative Costs
Rule 274: Applicable Small Case Rules

Title XXVII: Actions for Review of Failure to Abate Interest Rules 280 - 284
PDF format ; 5 pages; (27k)
Rule 280: General
Rule 281: Commencement of Action for Review of Failure to Abate Interest
Rule 282: Designation of Place of Trial
Rule 283: Other Pleadings
Rule 284: Joinder of Issue in Action for Review of Failure to Abate Interest

Title XXVIII: Actions for Redetermination of Employment Status Rules 290 - 294
PDF format ; 4 pages; (29k)
Rule 290: General
Rule 291: Commencement of Action for Redetermination of Employment
               Status
Rule 292: Designation of Place of Trial
Rule 293: Other Pleadings
Rule 294: Joinder of Issue in Actions for Redetermination of Employment
               Status

Title XXIX: Large Partnership Actions Rules 300 - 305
PDF format ; 6 pages; (38k)
Rule 300: General
Rule 301: Commencement of Large Partnership Action
Rule 302: Designation of Place of Trial
Rule 303: Other Pleadings
Rule 304: Joinder of Issue in Large Partnership Actions
Rule 305: Action for Adjustment of Partnership Items of Large Partnership
               Treated as Action for Readjustment of Partnership Items of
               Large Partnership

Title XXX: Actions for Declaratory Judgment Relating to Treatment of Items Other Than Partnership Items With Respect to an Oversheltered Return Rules 310 - 316
PDF format ; 4 pages; (30k)
Rule 310: General
Rule 311. Commencement of Action for Declaratory Judgment
               (Oversheltered Return)
Rule 312: Designation of Place of Trial
Rule 313: Other Pleadings
Rule 314: Joinder of Issue in Action for Declaratory Judgment
               (Oversheltered Return)
Rule 315: Disposition of Action for Declaratory Judgment (Oversheltered
               Return)
Rule 316: Action for Declaratory Judgment (Oversheltered Return) Treated
               as Deficiency Action

Title XXXI: Actions for Determination of Relief From Joint and Several Liability on a Joint Return Rules 320 - 325
PDF format ; 4 pages; (31k)
Rule 320: General
Rule 321: Commencement of Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 322: Designation of Place of Trial
Rule 323: Other Pleadings
Rule 324: Joinder of Issue in Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 325: Notice and Intervention

Title XXXII: Lien and Levy Actions Rules 330 - 334
PDF format ; 3 pages; (28k)
Rule 330: General
Rule 331: Commencement of Lien and Levy Action
Rule 332: Designation of Place of Trial
Rule 333: Other Pleadings
Rule 334: Joinder of Issue in Lien and Levy Actions

Appendix I: Forms:
PDF format ; 15 pages; (211k)
Petitions; Entry of Appearance; Substitution of Counsel;
Designation of Place of Trial; Subpoena; Application for Order
to Take Deposition; Certificate on Return; Notice of Appeal to
Court of Appeals; Certificate of Service; Notices of Elections;
Petition for Administrative Costs

Appendix II: Fees and Charges
PDF format ; 1 page; (17k)
(See Rules 148, !90(a),and 200(i))

Appendix III: Places of Trial
PDF format ; 2 page; (21k)
(See Rules 140 and 177)

Index to Tax Court Rules
PDF format ; 48 pages; (73k)
References are to the Rule Number.

Click Here to Search Opinions of the U.S. Tax Court

Federal Rules of Bankruptcy Procedure (2010)

(incorporating the revisions that took effect Dec. 1, 2010)

Note: please see Interim Rules and Official Forms Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

PART I. COMMENCEMENT OF CASE: PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

PART IV. THE DEBTOR: DUTIES AND BENEFITS

PART V. BANKRUPTCY COURTS AND CLERKS

PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE

PART VII. ADVERSARY PROCEEDINGS

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL

PART IX. GENERAL PROVISIONS

PART X. UNITED STATES TRUSTEES [ABROGATED]

• Rule 1001. Scope of Rules and Forms; Short Title

PART I. COMMENCEMENT OF CASE: PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF

• Rule 1002. Commencement of Case
• Rule 1003. Involuntary Petition
• Rule 1004. Involuntary Petition Against a Partnership
• Rule 1004.1 Petition for an Infant or Incompetent Person
• Rule 1005. Caption of Petition
• Rule 1006. Filing Fee ( see Interim Rules )
• Rule 1007. Lists, Schedules and Statements; Time Limits ( see Interim Rules )
• Rule 1008. Verification of Petitions and Accompanying Papers
• Rule 1009. Amendments of Voluntary Petitions, Lists, Schedules and Statements ( see Interim Rules )
• Rule 1010. Service of Involuntary Petition and Summons; Petition Commencing Ancillary Case ( see Interim Rules )
• Rule 1011. Responsive Pleading or Motion in Involuntary and Ancillary Cases ( see Interim Rules )
• Rule 1012. [Abrogated Mar. 30, 1987, eff. Aug. 1, 1987]
• Rule 1013. Hearing and Disposition of Petition in Involuntary Cases
• Rule 1014. Dismissal and Change of Venue
• Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court
• Rule 1016. Death or Incompetency of Debtor
• Rule 1017. Dismissal or Conversion of Case; Suspension ( see Interim Rules )
• Rule 1018. Contested Involuntary Petitions; Contested Petitions Commencing Ancillary Cases; Proceedings to Vacate Order for Relief; Applicability of Rules in Part VII Governing Adversary Proceedings
• Rule 1019. Conversion of Chapter 11 Reorganization Case, Chapter 12 Family Farmer's Debt Adjustment Case, or Chapter 13 Individual's Debt Adjustment Case to Chapter 7 Liquidation Case ( see Interim Rules )
• Rule 1020. Election to be Considered a Small Business in a Chapter 11 Reorganization Case ( see Interim Rules )
• Rule 1021 ( see Interim Rules )

PART II. OFFICERS AND ADMINISTRATION; NOTICES; MEETINGS; EXAMINATIONS; ELECTIONS; ATTORNEYS AND ACCOUNTANTS

• Rule 2001. Appointment of Interim Trustee Before Order for Relief in a Chapter 7 Liquidation Case
• Rule 2002. Notices to Creditors, Equity Security Holders, United States, and United States Trustee ( see Interim Rules )
• Rule 2003. Meeting of Creditors or Equity Security Holders ( see Interim Rules )
• Rule 2004. Examination
• Rule 2005. Apprehension and Removal of Debtor to Compel Attendance for Examination
• Rule 2006. Solicitation and Voting of Proxies in Chapter 7 Liquidation Cases
• Rule 2007. Review of Appointment of Creditors' Committee Organized Before Commencement of the Case
• Rule 2007.1. Appointment of Trustee or Examiner in a Chapter 11 Reorganization Case ( see Interim Rules )
• Rule 2007.2 ( see Interim Rules )
• Rule 2008. Notice to Trustee of Selection
• Rule 2009. Trustees for Estates When Joint Administration Ordered
• Rule 2010. Qualification by Trustee; Proceeding on Bond
• Rule 2011. Evidence of Debtor in Possession or Qualification of Trustee
• Rule 2012. Substitution of Trustee or Successor Trustee; Accounting
• Rule 2013. Public Record of Compensation Awarded to Trustees, Examiners, and Professionals
• Rule 2014. Employment of Professional Persons
• Rule 2015. Duty to Keep Records, Make Reports, and Give Notice of Case ( see Interim Rules )
• Rule 2015.1 ( see Interim Rules )
• Rule 2015.2 ( see Interim Rules )
• Rule 2016. Compensation for Services Rendered and Reimbursement of Expenses
• Rule 2017. Examination of Debtor's Transactions with Debtor's Attorney
• Rule 2018. Intervention; Right to Be Heard
• Rule 2019. Representation of Creditors and Equity Security Holders in Chapter 9 Municipality and Chapter 11 Reorganization Cases
• Rule 2020. Review of Acts by United States Trustee

PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

• Rule 3001. Proof of Claim
• Rule 3002. Filing Proof of Claim or Interest ( see Interim Rules )
• Rule 3003. Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or Chapter 11 Reorganization Cases ( see Interim Rules )
• Rule 3004. Filing of Claims by Debtor or Trustee
• Rule 3005. Filing of Claim, Acceptance, or Rejection By Guarantor, Surety, Indorser, or Other Codebtor
• Rule 3006. Withdrawal of Claim; Effect on Acceptance or Rejection of Plan
• Rule 3007. Objections to Claims
• Rule 3008. Reconsideration of Claims
• Rule 3009. Declaration and Payment of Dividends in a Chapter 7 Liquidation Case
• Rule 3010. Small Dividends and Payments in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases
• Rule 3011. Unclaimed Funds in Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases
• Rule 3012. Valuation of Security
• Rule 3013. Classification of Claims and Interests
• Rule 3014. Election Under § 1111(b) by Secured Creditor in Chapter 9 Municipality or Chapter 11 Reorganization Case
• Rule 3015. Filing, Objection to Confirmation, and Modification of a Plan in a Chapter 12 Family Farmer's Debt Adjustment or a Chapter 13 Individual's Debt Adjustment Case
• Rule 3016. Filing of Plan and Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case ( see Interim Rules )
• Rule 3017. Court Consideration of Disclosure Statement in a Chapter 9 Municipality or Chapter 11 Reorganization Case
• Rule 3017.1. Court Consideration of Disclosure Statement in a Small Business Case ( see Interim Rules )
• Rule 3018. Acceptance or Rejection of Plan in a Chapter 9 Municipality or a Chapter 11 Reorganization Case
• Rule 3019. Modification of Accepted Plan Before Confirmation in a Chapter 9 Municipality or Chapter 11 Reorganization Case ( see Interim Rules )
• Rule 3020. Deposit; Confirmation of Plan in a Chapter 9 Municipality or Chapter 11 Reorganization Case
• Rule 3021. Distribution Under Plan
• Rule 3022. Final Decree in Chapter 11 Reorganization Case

PART IV. THE DEBTOR: DUTIES AND BENEFITS

• Rule 4001. Relief from Automatic Stay; Prohibiting or Conditioning the Use, Sale, or Lease of Property; Use of Cash Collateral; Obtaining Credit; Agreements
• Rule 4002. Duties of Debtor ( see Interim Rules )
• Rule 4003. Exemptions ( see Interim Rules )
• Rule 4004. Grant or Denial of Discharge ( see Interim Rules )
• Rule 4005. Burden of Proof in Objecting to Discharge
• Rule 4006. Notice of No Discharge ( see Interim Rules )
• Rule 4007. Determination of Dischargeability of a Debt ( see Interim Rules )
• Rule 4008. Discharge and Reaffirmation Hearing ( see Interim Rules )

PART V. BANKRUPTCY COURTS AND CLERKS

• Rule 5001. Courts and Clerks' Offices
• Rule 5002. Restrictions on Appointments
• Rule 5003. Records Kept By the Clerk ( see Interim Rules )
• Rule 5004. Disqualification
• Rule 5005. Filing and Transmittal of Papers
• Rule 5006. Certification of Copies of Papers
• Rule 5007. Record of Proceedings and Transcripts.
• Rule 5008. Notice Regarding Presumption of Abuse in Chapter 7 Cases of Individual Debtors ( see Interim Rules )
• Rule 5009. Closing Chapter 7 Liquidation, Chapter 12 Family Farmer's Debt Adjustment, and Chapter 13 Individual's Debt Adjustment Cases
• Rule 5010. Reopening Cases
• Rule 5011. Withdrawal and Abstention from Hearing a Proceeding
• Rule 5012 . Agreements Concerning Coordination of Proceedings in Chapter 15 Cases ( see Interim Rules )

PART VI. COLLECTION AND LIQUIDATION OF THE ESTATE

• Rule 6001. Burden of Proof as to Validity of Postpetition Transfer
• Rule 6002. Accounting by Prior Custodian of Property of the Estate
• Rule 6003. Interim and Final Relief Immediately Following the Commencement of the Case - Applications for Employment; Motions for Use, Sale, or Lease of Property; and Motions for Assumption or Assignment of Executory Contracts
• Rule 6004. Use, Sale, or Lease of Property ( see Interim Rules )
• Rule 6005. Appraisers and Auctioneers
• Rule 6006. Assumption, Rejection and Assignment of Executory Contracts and Unexpired Leases
• Rule 6007. Abandonment or Disposition of Property
• Rule 6008. Redemption of Property from Lien or Sale
• Rule 6009. Prosecution and Defense of Proceedings by Trustee or Debtor in Possession
• Rule 6010. Proceeding to Avoid Indemnifying Lien or Transfer to Surety
• Rule 6011 ( see Interim Rules )

PART VII. ADVERSARY PROCEEDINGS

• Rule 7001. Scope of Rules of Part VII
• Rule 7002. References to Federal Rules of Civil Procedure
• Rule 7003. Commencement of Adversary Proceeding
• Rule 7004. Process; Service of Summons, Complaint
• Rule 7005. Service and Filing of Pleadings and Other Papers
• Rule 7007. Pleadings Allowed
• Rule 7008. General Rules of Pleading
• Rule 7009. Pleading Special Matters
• Rule 7010. Form of Pleadings
• Rule 7012. Defenses and Objections--When and How Presented--By Pleading or Motion--Motion for Judgment on the Pleadings
• Rule 7013. Counterclaim and Cross-Claim
• Rule 7014. Third-Party Practice
• Rule 7015. Amended and Supplemental Pleadings
• Rule 7016. Pre-Trial Procedure; Formulating Issues
• Rule 7017. Parties Plaintiff and Defendant; Capacity
• Rule 7018. Joinder of Claims and Remedies
• Rule 7019. Joinder of Persons Needed for Just Determination
• Rule 7020. Permissive Joinder of Parties
• Rule 7021. Misjoinder and Non-Joinder of Parties
• Rule 7022. Interpleader
• Rule 7023. Class proceedings
• Rule 7023.1. Derivative Proceedings by Shareholders
• Rule 7023.2. Adversary Proceedings Relating to Unincorporated Associations
• Rule 7024. Intervention
• Rule 7025. Substitution of Parties
• Rule 7026. General Provisions Governing Discovery
• Rule 7027. Depositions Before Adversary Proceedings or Pending Appeal
• Rule 7028. Persons Before Whom Depositions May be Taken
• Rule 7029. Stipulations Regarding Discovery Procedure
• Rule 7030. Depositions Upon Oral Examination
• Rule 7031. Deposition Upon Written Questions
• Rule 7032. Use of Depositions in Adversary Proceedings
• Rule 7033. Interrogatories to Parties
• Rule 7034. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
• Rule 7035. Physical and Mental Examination of Persons
• Rule 7036. Requests for Admission
• Rule 7037. Failure to Make Discovery: Sanctions
• Rule 7040. Assignment of Cases for Trial
• Rule 7041. Dismissal of Adversary Proceedings
• Rule 7042. Consolidation of Adversary Proceedings; Separate Trials
• Rule 7052. Findings by the Court
• Rule 7054. Judgments; Costs
• Rule 7055. Default
• Rule 7056. Summary Judgment
• Rule 7062. Stay of Proceedings to Enforce a Judgment
• Rule 7064. Seizure of Person or Property
• Rule 7065. Injunctions
• Rule 7067. Deposit in Court
• Rule 7068. Offer of Judgment
• Rule 7069. Execution
• Rule 7070. Judgment for Specific Acts; Vesting Title
• Rule 7071. Process in Behalf of and Against Persons Not Parties
• Rule 7087. Transfer of Adversary Proceeding

PART VIII. APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL

• Rule 8001. Manner of Taking Appeal; Voluntary Dismissal ( see Interim Rules )
• Rule 8002. Time for Filing Notice of Appeal
• Rule 8003. Leave to Appeal ( see Interim Rules )
• Rule 8004. Service of the Notice of Appeal
• Rule 8005. Stay Pending Appeal
• Rule 8006. Record and Issues on Appeal
• Rule 8007. Completion and Transmission of the Record; Docketing of the Appeal
• Rule 8008. Filing and Service
• Rule 8009. Briefs and Appendix; Filing and Service
• Rule 8010. Form of Briefs; Length
• Rule 8011. Motions
• Rule 8012. Oral Argument
• Rule 8013. Disposition of Appeal; Weight Accorded Bankruptcy Judge's Findings of Fact
• Rule 8014. Costs
• Rule 8015. Motion for Rehearing
• Rule 8016. Duties of Clerk of District Court and Bankruptcy Appellate Panel
• Rule 8017. Stay of Judgment of District Court or Bankruptcy Appellate Panel
• Rule 8018. Rules by Circuit Councils and District Courts; Procedure When There is No Controlling Law
• Rule 8019. Suspension of Rules in Part VIII
• Rule 8020. Damages and Costs for Frivolous Appeal

PART IX. GENERAL PROVISIONS

• Rule 9001. General Definitions
• Rule 9002. Meanings of Words in the Federal Rules of Civil Procedure When Applicable to Cases Under The Code
• Rule 9003. Prohibition of Ex Parte Contacts
• Rule 9004. General Requirements of Form
• Rule 9005. Harmless Error
• Rule 9005.1. Constitutional Challenge to a Statute - Notice, Certification, and Intervention
• Rule 9006. Time ( see Interim Rules )
• Rule 9007. General Authority to Regulate Notices
• Rule 9008. Service or Notice by Publication
• Rule 9009. Forms ( see Interim Rules )
• Rule 9010. Representation and Appearances; Powers of Attorney
• Rule 9011. Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers
• Rule 9012. Oaths and Affirmations
• Rule 9013. Motions: Form and Service
• Rule 9014. Contested Matters
• Rule 9015. Jury Trials
• Rule 9016. Subpoena
• Rule 9017. Evidence
• Rule 9018. Secret Confidential, Scandalous, or Defamatory Matter
• Rule 9019. Compromise and Arbitration
• Rule 9020. Contempt Proceedings
• Rule 9021. Entry of Judgment
• Rule 9022. Notice of Judgment or Order
• Rule 9023. New Trials; Amendment of Judgments
• Rule 9024. Relief from Judgment or Order
• Rule 9025. Security: Proceedings Against Sureties
• Rule 9026. Exceptions Unnecessary
• Rule 9027. Removal
• Rule 9028. Disability of a Judge
• Rule 9029. Local Bankruptcy Rules; Procedure When There is No Controlling Law
• Rule 9030. Jurisdiction and Venue Unaffected
• Rule 9031. Masters Not Authorized
• Rule 9032. Effect of Amendment of Federal Rules of Civil Procedure
• Rule 9033. Review of Proposed Findings of Fact and Conclusions of Law in Non-Core Proceedings
• Rule 9034. Transmittal of Pleadings, Motion Papers, Objections, and Other Papers to the United States Trustee
• Rule 9035. Applicability of Rules in Judicial Districts in Alabama and North Carolina
• Rule 9036. Notice by electronic transmission
• Rule 9037 Privacy Protection For Filings Made
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PART X. UNITED STATES TRUSTEES [ABROGATED]

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United States Tax Court Rules of
Practice and Procedure

The pages listed below represent the Tax Court Rules of Practice and Procedure in their entirety with all additions and amendments. They are the official files released by the U.S. Tax Court.

Except for the introductory material which is in HTML format, all the other material is in PDF format.

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Download all the Rules in one file . 297 pages; (1.6 megs)

U.S. Tax Court Rules by Title

Title I: Scope of Rules; Rules 1-3
PDF format ; - 2 pages; (92k)
Construction; Effective Date; Definitions.
Rule 1: See New Rules .
Rule 2: Effective Date
Rule 3: Definitions

Title II: The Court. Rules 10-13
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Rule 10: Name, Office, and Sessions
Rule 11: Payments to Court
Rule 12: Court Records
Rule 13: Jurisdiction

Title III: Commencement of Case; Service and Filing of Papers: Form and Style of Papers; Appearance and Representation; Computation of Time. Rules 20-25
PDF format ; 9 pages; (48k)
Rule 20: Commencement of Case
Rule 21: Service of Papers
Rule 22: Filing
Rule 23: Form & Style of Papers
Rule 24: Appearance & Representation
Rule 25: Computation of Time

Title IV: Pleadings. Rules 30-41
PDF format ; 10 pages; (491k)
Rule 30: Pleadings Allowed
Rule 31: General Rules of Pleading
Rule 32: Form of Pleadings
Rule 33: Signing of Pleadings
Rule 34: Petition
Rule 35: Entry on Docket
Rule 36: Answer:
Rule 37: Reply
Rule 38: Joinder of Issue
Rule 39: Pleading Special Matters
Rule 40: Defenses and Objections Made by Pleading or Motion
Rule 41: Amended and Supplemental Pleadings

Title V: Motions. Rules 50-58
PDF format ; 10 pages; (48k)
Rule 50: General Requirements
Rule 51: Motion for More Definitive Statement
Rule 52: Motion to Strike
Rule 53: Motion to Dismiss
Rule 54: Timely Filing & Joinder of Motions
Rule 55: Motion to Restrain Assessment or Collection
Rule 56: Motion for Review of Jeopardy Assessment or Jeopardy Levy
Rule 57: Motion for Review of Proposed Sale of Seized Property
Rule 58: Miscellaneous

Title VI: Parties. Rules 60-63
PDF format ; 3 pages; (31k)
Rule 60: Proper Parties; Capacity
Rule 61: Permissive Joinder of Parties
Rule 62: Misjoinder of Parties
Rule 63: Substitution of Parties: Change or Correction in Name

Title VII: Discovery. Rules 70-76
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Rule 70: General Provisions
Rule 71: Interrogatories
Rule 72: Production of Documents and Things
Rule 73: Examination by Transferees
Rule 74: Depositions for Discovery Purposes - Upon Consent of Parties
Rule 75: Depositions for Discovery Purposes - Without Consent of Parties
             in Certain Cases
Rule 76: Deposition of Expert Witnesses

Title VIII: Depositions. Rules 80-85
PDF format ; 12 pages; (52k)
Rule 80: General Provisions
Rule 81: Depositions in Pending Case
Rule 82: Depositions Before Commencement of Case
Rule 83: Depositions After Commencement of Trial
Rule 84: Deposition Upon Written Questions
Rule 85: Objections, Errors, and Irregularities

Title IX: Admissions and Stipulations. Rules 90-92
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Rule 90: Requests for Admission
Rule 91: Stipulation for Trial
Rule 92: Cases Consolidated for Trial

Title X: General Provisions Governing Discovery, Depositions, and Requests for Admissions. Rules 100-104
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Rule 100: Applicability
Rule 101: Sequence, Timing, & Frequency
Rule 102: Supplementation of Responses
Rule 103: Protective Orders
Rule 104: Enforcement Actions & Sanctions

Title XI: Pretrial Conferences. Rule 110
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Rule 110: Pretrial Conferences

Title XII: Decision Without Trial. Rules 120-124
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Rule 120: Judgment on the Pleadings
Rule 121: Summary Judgment
Rule 122: Submission Without Trial
Rule 123: Default & Dismissal
Rule 124: Voluntary Binding Arbitration

Title XIII: Calendars and Continuances. Rules 130-133
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Rule 130: Motions & Other Matters
Rule 131: Trial Calendars
Rule 132: Special or Other Calendars
Rule 133: Continuances

Title XIV: Trials. Rules 140-152
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Rule 140: Place of Trial
Rule 141: Consolidation; Separate Trials
Rule 142: Burden of Proof
Rule 143: Evidence
Rule 144: Exceptions Unnecessary
Rule 145: Exclusion of Proposed Witnesses
Rule 146: Determination of Foreign Law
Rule 147: Subpoenas
Rule 148: Fees and Mileage
Rule 149: Failure to Appear or to Adduce Evidence
Rule 150: Record of Proceedings
Rule 151: Briefs
Rule 152: Oral Findings of Fact or Opinion

Title XV: Decision. Rules 155-157
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Rule 155: Computation by Parties for Entry of Decision
Rule 156: Estate Tax Deduction Developing At or After Trial
Rule 157: Motion to Retain File in Estate Tax Case Involving Section 6166;
               Election

Title XVI: Post-Trial Proceedings. Rules 160-163
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Rule 160: Harmless Error
Rule 161: Motion for Reconsideration of Findings or Opinion
Rule 162: Motion to Vacate or Revise Decision
Rule 163: No Joinder of Motions Under Rules 161 & 162

Title XVII: Small Tax Cases. Rules 170-179
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Rule 170: General
Rule 171: Election of Small Tax Case Procedure
Rule 172: Representation
Rule 173: Pleadings - See Notice of Proposed Amendments
Rule 174: Trial
Rule 175: Number of Copies of Papers

Title XVIII: Special Trial Judges. Rules 180-183
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Rule 180: Assignment
Rule 181: Powers and Duties
Rule 182: Cases in Which the Special Trial Judge Is Authorized To Make
               the Decision - AMENDED: See New Rules .
Rule 183: Other Cases - AMENDED: See New Rules .

Title XIX: Appeals. Rules 190-193
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Rule 190: How Appeal Taken
Rule 191: Preparation of the Record on Appeal
Rule 192: Bond to Stay Assessment & Collection
Rule 193: Appeals from Interlocutory Orders

Title XX: Practice Before the Court. Rules 200-202
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Rule 200: AMENDED: See New Rules
Rule 201: Conduct of Practice Before the Court
Rule 202: AMENDED: See New Rules

Title XXI: Declaratory Judgements. Rules 210-218
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Rule 210: General
Rule 211: Commencement of Action for Declaratory Judgment
Rule 212: Designation of Place for Submission to the Court
Rule 213: Other Pleadings
Rule 214: Joinder of Issue in Action for Declaratory Judgment
Rule 215: Joinder of Parties
Rule 216: Intervention in Retirement Plan Actions
Rule 217: Disposition of Actions for Declaratory Judgment
Rule 218: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXII: Disclosure Actions. Rules 220-229A
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Rule 220: General
Rule 221: Commencement of Disclosure Action
Rule 222: Designation of Place of Hearing
Rule 223: Other Pleadings
Rule 224: Joinder of Issue
Rule 225: Intervention
Rule 226: Joinder of Parties
Rule 227: Anonymous Parties
Rule 228: Confidentiality
Rule 229: Burden of Proof
Rule 229A: Procedure in Actions Heard by a Special Trial Judge of the
               Court

Title XXIII: Claims for Litigation and Administrative Costs. Rules 230-233
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Rule 230: General
Rule 231: Claims for Litigation & Administrative Costs
Rule 232: Disposition of Claims for Litigation & Administrative Costs
Rule 233: Miscellaneous

Title XXIV: Partnership Actions. Rules 240-251
PDF format ; 16 pages; (51k)
Rule 240: General
Rule 241: Commencement of Partnership Action
Rule 242: Designation of Place of Trial
Rule 243: Other Pleadings
Rule 244: Joinder of Issue in Partnership Action
Rule 245: Intervention & participation
Rule 246: Service of Papers
Rule 247: Parties
Rule 248: Settlement Agreements
Rule 249: Action for Adjustment of Partnership Items Treated as Action for
               Readjustment of Partnership Items
Rule 250: Appointment & Removal of the Tax Matters Partner
Rule 251: Decisions

Title XXV: Supplemental Proceedings. Rules 260-262
PDF format ; 6 pages; (38k)
Rule 260: Proceeding to Enforce Overpayment
Rule 261: Proceeding to Redetermine Interest
Rule 262: Proceeding to Modify Decision in Estate Tax Case Involving
               Section 6166 Election

Title XXVI: Actions for Administrative Costs. Rules 270 - 274
PDF format ; 5 pages; (34k)
Rule 270: General
Rule 271: Commencement of Action for Administrative Costs
Rule 272: Other Pleadings
Rule 273: Joinder of Issue in Action for Administrative Costs
Rule 274: Applicable Small Case Rules

Title XXVII: Actions for Review of Failure to Abate Interest Rules 280 - 284
PDF format ; 5 pages; (27k)
Rule 280: General
Rule 281: Commencement of Action for Review of Failure to Abate Interest
Rule 282: Designation of Place of Trial
Rule 283: Other Pleadings
Rule 284: Joinder of Issue in Action for Review of Failure to Abate Interest

Title XXVIII: Actions for Redetermination of Employment Status Rules 290 - 294
PDF format ; 4 pages; (29k)
Rule 290: General
Rule 291: Commencement of Action for Redetermination of Employment
               Status
Rule 292: Designation of Place of Trial
Rule 293: Other Pleadings
Rule 294: Joinder of Issue in Actions for Redetermination of Employment
               Status

Title XXIX: Large Partnership Actions Rules 300 - 305
PDF format ; 6 pages; (38k)
Rule 300: General
Rule 301: Commencement of Large Partnership Action
Rule 302: Designation of Place of Trial
Rule 303: Other Pleadings
Rule 304: Joinder of Issue in Large Partnership Actions
Rule 305: Action for Adjustment of Partnership Items of Large Partnership
               Treated as Action for Readjustment of Partnership Items of
               Large Partnership

Title XXX: Actions for Declaratory Judgment Relating to Treatment of Items Other Than Partnership Items With Respect to an Oversheltered Return Rules 310 - 316
PDF format ; 4 pages; (30k)
Rule 310: General
Rule 311. Commencement of Action for Declaratory Judgment
               (Oversheltered Return)
Rule 312: Designation of Place of Trial
Rule 313: Other Pleadings
Rule 314: Joinder of Issue in Action for Declaratory Judgment
               (Oversheltered Return)
Rule 315: Disposition of Action for Declaratory Judgment (Oversheltered
               Return)
Rule 316: Action for Declaratory Judgment (Oversheltered Return) Treated
               as Deficiency Action

Title XXXI: Actions for Determination of Relief From Joint and Several Liability on a Joint Return Rules 320 - 325
PDF format ; 4 pages; (31k)
Rule 320: General
Rule 321: Commencement of Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 322: Designation of Place of Trial
Rule 323: Other Pleadings
Rule 324: Joinder of Issue in Action for Determination of Relief From Joint
               and Several Liability on a Joint Return
Rule 325: Notice and Intervention

Title XXXII: Lien and Levy Actions Rules 330 - 334
PDF format ; 3 pages; (28k)
Rule 330: General
Rule 331: Commencement of Lien and Levy Action
Rule 332: Designation of Place of Trial
Rule 333: Other Pleadings
Rule 334: Joinder of Issue in Lien and Levy Actions

Appendix I: Forms:
PDF format ; 15 pages; (211k)
Petitions; Entry of Appearance; Substitution of Counsel;
Designation of Place of Trial; Subpoena; Application for Order
to Take Deposition; Certificate on Return; Notice of Appeal to
Court of Appeals; Certificate of Service; Notices of Elections;
Petition for Administrative Costs

Appendix II: Fees and Charges
PDF format ; 1 page; (17k)
(See Rules 148, !90(a),and 200(i))

Appendix III: Places of Trial
PDF format ; 2 page; (21k)
(See Rules 140 and 177)

Index to Tax Court Rules
PDF format ; 48 pages; (73k)
References are to the Rule Number.

NEW RULES - EFFECTIVE SEPTEMBER 20, 2005
PDF format ; 8 pages; (99k)
This file which has all the new rules: 1, 182, 183, 200, and 202.

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DC Personnel Regulations, Chapter 6, Part I

Rules and Regulations of the Office of Employee Appeals

Contents

600 General

600.1 The Office of Employee Appeals (Office) is an independent administrative adjudicatory agency created by the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-606.1 et seq. The jurisdiction of the Office is set forth in Rule 604.

601 Organizational Structure

601.1 The Board of the Office (Board) is composed of five (5) members appointed by the Mayor and confirmed by the District of Columbia Council. Three (3) members of the Board shall constitute a quorum for the transaction of official business and the issuance of rules and regulations.

601.2 The Mayor designates a Chairperson of the Board to serve as the Chief Executive of the Office.

601.3 The Mayor designates a Vice Chairperson of the Board. In the absence or disability of the Chairperson, or when the position of Chairperson is vacant, the Vice Chairperson performs the functions vested in the Chairperson.

601.4 The Executive Director is the administrator of the Office and serves as its chief personnel officer.

601.5 The General Counsel, with the assistance of the Deputy General Counsel, provides legal advice to the Board and the Office staff, prepares opinions and orders as directed by the Board, assists in the enforcement of orders pursuant to law, and represents the Office before the Courts.

601.6 Administrative Judges, subject to the provisions of these rules, adjudicate appeals filed before the Office.

602 Scope of Rules

602.1 These rules govern the procedure for deciding cases filed before the Office. These rules shall be applied to promote justice, fairness, and economy.

602.2 These rules shall apply to all appeals filed on or after their effective date and to all appeals then pending final disposition in the Office.

602.3 The Board may revoke or amend a rule as it applies generally to all cases in accordance with applicable procedures of the District of Columbia Administrative Procedure Act. The Board or an Administrative Judge may waive a rule in an individual case for good cause shown, if application of the rule is not required by statute.

602.4 In the event of a conflict between these rules and a provision of a statute, the statutory provision shall govern. In the event of a conflict between these rules and rules or regulations adopted by another District agency, department, office or board, these rules shall govern.

603 Computation of Time

603.1 In the computation of time periods which involve business days, the first day counted shall be the next business day following the day the event occurs from which the time period begins to run. In the computation of time periods which involve calendar days, the first day counted shall be the next calendar day following the day the event occurs from which the time period begins to run. For calendar days, if the last day of the time period is a Saturday, Sunday, or legal holiday, the period shall be extended to the end of the next business day.

603.2 If a party has a right or duty to act or proceed within a prescribed period after service of a notice or other document upon him or her, three (3) calendar days shall be added to the prescribed period whenever the document or notice is served upon the party by mail.

604 Jurisdiction

604.1 Effective October 21, 1998, and except as otherwise provided in the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq. or Rule 604.2 below, any District of Columbia government employee may appeal a final agency decision affecting:

(a) A performance rating which results in removal of the employee;

(b) An adverse action for cause that results in removal, reduction in grade, or suspension for ten (10) days or more; or

(c) A reduction-in-force.

604.2 An appeal filed pursuant to Rule 604.1 must be filed within thirty (30) days of the effective date of the appealed agency action.

604.3 The Office shall exercise jurisdiction over appeals filed with the Office before October 21, 1998 by an employee appealing a final agency decision that:

(a) Denies his or her appeal of a performance evaluation;

(b) Effects an adverse action against him or her;

(c) Releases him or her through reduction-in-force procedures;

(d) Resolves a grievance;

(e) Refuses to grant a waiver of the District's claim for an erroneous overpayment to an employee;

(f) Denies his or her appeal regarding records management and privacy of records; or

(g) Denies his or her classification appeal.

604.4 An appeal filed before October 21, 1998 must have been filed within fifteen (15) business days of the effective date of the appealed agency action.

604.5 Within forty-five (45) business days of the date the appeal is filed, an Administrative Judge shall determine whether the Office has jurisdiction to review it.

605 Notice of Appeal Rights

605.1 When an agency issues a final decision to an employee on a matter appealable to the Office, the agency shall at the same time provide the employee with:

(a) Notice of the Employee§s right to appeal to the Office;

(b) A copy of the rules of the Office;

(c) A copy of the appeal form of the Office;

(d) Notice of applicable rights to appeal under a negotiated review procedure; and

(e) Notice of the right to representation by a lawyer or other representative authorized by the rules.

606 Arbitration

606.1 Apart from any rights under a collective bargaining agreement, the parties may agree to arbitrate a dispute rather than have the Office adjudicate it.

606.2 An agreement to arbitrate must be reached within thirty (30) business days of the date that the employee files a petition for appeal with the Office. If the parties fail to reach an agreement to arbitrate within this period, the Office shall proceed to adjudicate the matter.

606.3 Within ten (10) business days of the date that the parties submit a written agreement to arbitrate their dispute, the Office shall dismiss the appeal and forward the matter to the American Arbitration Association pursuant to D.C. Code § 1-606.7.

607 Mediation and Conciliation Program

607.1 The Office shall exert every possible effort to resolve matters by mediation and conciliation, to the extent possible, rather than through litigation.

607.2 The Executive Director shall designate a Senior Administrative Judge to implement the mediation and conciliation program of the Office.

607.3 The Senior Administrative Judge responsible for mediation and conciliation shall review the appeals pending in the Office and assign cases where there is a reasonable likelihood of settlement to the mediation and conciliation docket.

607.4 Any party may file a request for mediation and conciliation with the Office which, upon the consent of all parties, shall place the matter on the mediation and conciliation docket.

607.5 The Senior Administrative Judge responsible for mediation and conciliation shall assign the matter to a mediator who shall promptly convene a conference for the purpose of attempting to reach a voluntary resolution of the appeal. The Administrative Judge assigned to an appeal may not serve as mediator on that appeal. A mediator may not be called as a witness in any proceeding concerning matters raised in a case to which he or she is assigned to attempt mediation or conciliation.

607.6 The employee and his or her representative shall attend the conference. A representative of the agency with authority to approve a settlement by the agency shall either attend the conference or be available by telephone at the time set for and throughout the conference. The parties shall engage in good-faith discussion to resolve the matter.

607.7 If the mediator finds that a party has failed to engage in settlement discussions in good faith (including a failure to have available a representative with authority to settle), the mediator shall submit such a finding to the Senior Administrative Judge supervising the mediation and conciliation docket, who may enter such sanctions against the party as may be appropriate to further the objectives of the mediation and conciliation program.

607.8 The discussions at the conference and the offers of the parties shall be confidential and may not be offered or received into evidence or otherwise disclosed in subsequent adjudication or litigation.

607.9 Upon the failure of the parties to reach settlement through mediation and conciliation, the Senior Administrative Judge shall refer the matter to the assigned Administrative Judge for adjudication.

607.10 If the parties reach settlement, the matter shall be dismissed in accordance with D.C. Code § 1-606.6(b).

608 Filing Requirements

608.1 An employee shall initiate an appeal by filing a petition for appeal with the Office.

608.2 The Office shall promptly send a copy of the petition for appeal to the agency, and the agency shall file an answer within thirty (30) calendar days of the service of the petition for appeal.

608.3 The date of filing shall be determined by the date of receipt by the Office.

608.4 Filing of a petition for appeal and a petition for review must be made by personal delivery at the Office between 9:00 A.M. and 4:30 P.M., Monday through Friday, or by mail addressed to the Office.

608.5 The employee must file with the Office one (1) original and two (2) copies of the petition for appeal (including the documents required by Rule 609).

608.6 Filing of pleadings and documents, other than a petition for appeal, or a petition for review filed pursuant to Rule 634, may be made as prescribed in Rule 608.4, or by facsimile transmission during normal business hours.

608.7 The parties shall serve on each other one copy of each document filed with the Office other than the petition for appeal. A party may effect such service by mailing or by personally delivering to each other party a copy of the document submitted to the Office. Each document must be accompanied by a certificate of service specifying how, when, and on whom service was made.

609 Content of Petition for Appeal

609.1 A petition for appeal may be filed on a form approved by the Office.

609.2 A petition for appeal made without use of the form of the Office shall be in writing and contain the following information:

(a) The name of the employee and the name of the agency which took the action;

(b) The type and the effective date of the action taken by the agency;

(c) The name, address, and telephone number of the employee's representative, if any;

(d) The employee's address and telephone number;

(e) A copy of the agency's notice of final decision;

(f) A statement as to whether the employee or anyone acting on his or her behalf has filed an appeal under any negotiated review procedure pursuant to a collective bargaining agreement, or has filed a complaint with any other agency regarding this matter;

(g) The identity of the collective bargaining unit (if any) of which employee is a member; and

(h) The signature of the employee and his or her representative, if any.

609.3 Along with the petition for appeal, the employee shall also submit the following information:

(a) A statement as to whether the employee requests an evidentiary hearing or oral argument;

(b) A concise statement of the facts giving rise to the appeal;

(c) An explanation as to why the employee believes the agency's action was unwarranted; and

(d) A statement of the specific relief the employee is requesting.

609.4 The Office shall not consider the filing of a petition for appeal complete until the employee provides all the information required under Rule 609.2 and 609.3.

609.5 An employee's failure to include a complete address, or to advise the Office of a change in address, shall constitute a waiver of any right to notice and service, and may result in the appeal being dismissed.

609.6 The Administrative Judge may allow an employee to amend the appeal unless the Administrative Judge determines that to do so would prejudice the rights of another party or unduly delay the proceedings.

610 Answer

610.1 An agency§s answer in which the allegations of a petition are contested shall contain the following:

(a) The name of the employee and the agency which took the action;

(b) The OEA matter number assigned to the appeal;

(c) A statement of the appealed action the agency took against the employee and the reason(s) therefor;

(d) A specific response to each allegation of the petition admitting, denying, or explaining each in whole or in part. The Administrative Judge may assume that the agency concedes as fact an allegation in employee§s petition that the agency does not specifically explain or deny in the answer;

(e) All documents contained in the agency record of the proceeding;

(f) A request for an evidentiary hearing or oral argument, if desired; and

(g) The designation of, and signature by, the authorized agency representative. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

610.2 If the agency elects not to contest the allegations of fact set forth in the petition, the answer shall consist of a statement that the agency admits all of the material allegations to be true. Such an answer shall constitute a waiver of the right to present evidence or testimony contradicting the admitted facts. However, the right to further participation in the proceedings shall continue and questions of law may be addressed.

610.3 Failure by the agency to file an answer within the time limit set forth in Rule 608.2 shall constitute a default, and the Administrative Judge may, without further notice, render an appropriate decision.

611 Motions

611.1 Except where the Administrative Judge permits an oral motion hearing, motions shall be written, filed with the Office, and served upon the parties in accordance with Rule 608.7.

611.2 Motions shall state the particular order, ruling, or action requested and the grounds and authority therefor.

611.3 No later than ten (10) calendar days after the service of a motion, or within such time as the Administrative Judge may direct for good cause shown, the opposing party may serve and file an answer to the motion. The moving party shall have no right to reply, except as permitted by the Administrative Judge. No oral argument will be heard on motions unless the Administrative Judge directs otherwise. Written briefs may be filed with motions and with answers thereto.

612 Consolidation and Joinder

612.1 If an employee has two or more appeals pending before the Office, the Administrative Judge may consolidate the appeals and adjudicate them as one action.

612.2 If two or more employees have appeals involving similar or identical issues pending before the Office, the Administrative Judge may join the appeals for adjudication as one action.

612.3 The Administrative Judge may consolidate or join appeals on his or her own motion, or on the motion of a party, if to do so would:

(a) Expedite processing of the cases; and

(b) Not adversely affect the interests of the parties.

612.4 At any time and on such terms as are just, the Administrative Judge may sever appeals consolidated or joined under these rules and proceed with each appeal separately.

613 Representation

613.1 In any proceeding before the Office, the employee may appear on his or her own behalf, through an attorney, through a union representative or through any other competent individual.

613.2 The agency may appear before the Office only through counsel or an individual acting in a representative capacity. If the agency fails to designate a representative, the Office shall regard the agency director as the representative.

613.3 Except where the agency director is the agency representative, no person may participate in a representative capacity before the Office until:

(a) The party submits a signed written statement authorizing such representation; and

(b) The representative submits a signed written statement which contains his or her name, address and telephone number, and which certifies that he or she is available and willing to represent the party's interest.

614 Intervention

614.1 Any person or District of Columbia government agency may seek to intervene in an appeal by filing a motion. The motion shall state why the person or agency believes intervention is warranted. After allowing the original parties a reasonable period of time in which to respond, the Administrative Judge may permit the movant to intervene if the movant has an interest that may be affected by the final disposition of the case and the movant§s:

(a) Interest will not be represented by the existing parties;

(b) Participation may reasonably be expected to assist in the development of a proper record; and

(c) Participation will not broaden the issues, resulting in prejudicial delay of the proceeding.

614.2 An intervener shall be considered a full party to the proceedings and shall have the same rights and duties as a party, except that the intervener:

(a) Shall not have an independent right to a hearing;

(b) May participate only on the issues affecting them as determined by the Administrative Judge; and

(c) Shall have no right to an award of attorney fees under Rule 635.

615 Substitution

615.1 If an employee dies while the appeal is pending before the Office, and the interest of the deceased employee has not terminated because of the death, the Administrative Judge, upon moti7on, may order substitution of the proper parties. A motion for substitution shall be made within ninety (90) calendar days after the death of the employee.

615.2 If an employee becomes incompetent by reason of mental or physical infirmity, the Administrative Judge, upon motion, may allow the appeal to be continued by the employee's representative.

615.3 When an agency's interest in the appeal is transferred to another District agency, the Administrative Judge may:

(a) Allow the appeal to continue against the original agency;

(b) Order the substitution of the successor agency; or

(c) Join the successor agency with the original agency.

616 Summary Disposition

616.1 If, upon examination of the record in an appeal, it appears to the Administrative Judge that there are no material and genuine issues of fact, that a party is entitled to a decision as a matter of law, or that the appeal fails to state a claim upon which relief can be granted, the Administrative Judge may, after notifying the parties and giving them an opportunity to submit additional evidence or legal argument, render a summary disposition of the matter without further proceedings.

616.2 An Administrative Judge may render a summary disposition either sua sponte, after notice under Rule 616.1, or upon motion of a party.

616.3 An order granting summary disposition shall conform to the requirements for initial decisions set forth in Rule 632.

617 Interlocutory Appeals

617.1 An interlocutory appeal is an appeal to the Board of a ruling made by an Administrative Judge during the course of a proceeding. The Administrative Judge may permit this appeal if he or she determines that the issue presented is of such importance to the proceeding that it requires immediate consideration by the Board. The Board shall make a decision on the issue and the Administrative Judge shall proceed in accordance with that decision.

617.2 A party seeking review by interlocutory appeal must file a motion for certification within five (5) business days of service of the Administrative Judge's determination. The motion shall include arguments in support of both the certification and the determination to be made by the Board.

617.3 The Administrative Judge shall grant or deny a motion for certification. If certification is granted, the record shall be referred to the Board.

617.4 At the discretion of the Administrative Judge, the proceeding may be stayed during the time an interlocutory appeal is pending. The Board may stay a proceeding during the time an interlocutory appeal is pending.

618 Discovery

618.1 Parties may obtain discovery by one (1) or more of the following methods:

(a) Depositions upon oral examination or written questions;

(b) Written interrogatories;

(c) Requests for production of documents or things for inspection and other purposes; and

(d) Requests for admission.

618.2 Unless the Administrative Judge orders otherwise, these methods may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

618.3 Unless the Administrative Judge directs otherwise, the parties may obtain discovery regarding any matter not privileged which is relevant to the subject matter involved in the pending appeal. Such information may include the existence, description, nature, custody, condition and location of books, documents, or other tangible things and the identity and location of persons having any knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at an evidentiary hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

618.4 The Administrative Judge may limit the frequency or use of discovery if:

(a) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive;

(b) The party seeking discovery has had ample opportunity by discovery in the appeal to obtain the information sought; or

(c) The discovery is unduly burdensome or expensive, in light of the nature of the case, the relief sought, the limitations on the parties' resources, and the importance of the issues involved in the case.

618.5 The Administrative Judge may deny discovery or make any order which justice requires to protect a party or other person from annoyance, embarrassment, oppression, or undue burden or expense, or to prevent undue delay in the proceeding.

618.6 Discovery may be commenced after the Office notifies the agency that the employee has filed the petition. Unless the Administrative Judge directs otherwise, discovery shall be completed by the date of the pre-hearing conference.

618.7 Discovery matters before the Office are intended to be of a simplified nature. Discovery procedures shall be established by the Administrative Judge as appropriate under the circumstances. Further guidance, however, may be obtained by referring to the District of Columbia Superior Court Rules of Civil Procedure. Such rules should be interpreted as instructive rather than controlling.

619 Subpoenas

619.1 Application for issuance of a subpoena requiring a person to appear and testify at a specific place and time shall be made in writing to the Administrative Judge. All requests for subpoenas ad testificandum shall clearly identify the person subpoenaed and his or her address and shall be supported by a showing of the relevance and materiality of the testimony sought.

619.2 Application for issuance of a subpoena requiring a person to produce documents (including writings, drawings, graphs, charts, photographs, phone records and other recordings, and other data compilations from which information can be obtained) at a specific time and place shall be made in writing to the Administrative Judge. All requests for subpoenas duces tecum shall specify with reasonable particularity the information sought, the facts expected to be established thereby, and how these facts are relevant and material.

619.3 An applicant for a subpoena shall arrange for service; except for good cause shown, service shall be completed no later than 10 calendar days before the date of the requested testimony or production.

619.4 Personal service of a subpoena may be made by any person, not a party, who is at least eighteen (18) years of age. Service of the subpoena shall be attested to in an affidavit by the person making such service. The attesting affidavit shall state the date, time, and method of service.

619.5 Any motion by the subject of a subpoena to limit or quash the subpoena shall be filed within three (3) calendar days of the time for compliance therewith. Such motions shall set forth all assertions of privilege or other factual and legal objections to the subpoena, including all appropriate arguments, affidavits, and other supporting documentation.

619.6 In the case of contumacy or failure to obey a subpoena issued, the Office, pursuant to D.C. Code § 1-606.2(a)(4), may request enforcement of the subpoena in the Superior Court of the District of Columbia .

620 Administrative Judges

620.1 Proceedings shall be presided over by an Administrative Judge appointed by the Office.

620.2 Administrative Judges shall conduct hearing fairly and impartially, take all necessary action to avoid delay in the disposition of proceedings, and maintain order. They shall have all powers necessary to that end including, but not limited to, the power to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas and protective orders;

(c) Rule upon motions;

(d) Compel discovery;

(e) Regulate the course of the proceeding, require an evidentiary hearing, if appropriate, fix the time and place of such evidentiary hearing, and exclude persons from such evidentiary hearings for contumacious conduct;

(f) Call and examine witnesses and admit to the record documentary or other evidence;

(g) Dismiss cases based on a settlement agreement reached by the parties; and

(h) Take other appropriate action authorized by statute, these rules, or the Board.

620.3 If a new Administrative Judge is substituted for the one originally assigned, a motion predicated upon such substitution shall be made no later than seven (7) calendar days after the Office notifies the parties of the reassignment. Failure to make such motion within this time period shall constitute a waiver of the right to object to the substitution.

621 Disqualification of Administrative Judge

621.1 If an Administrative Judge deems himself or herself disqualified to preside in a particular case, he or she shall withdraw therefrom by notice, on the record, and shall notify the Executive Director of such withdrawal.

621.2 At any time following the assignment of the appeal to an Administrative Judge, and before issuance of an initial decision in the matter under Rule 632, a party may request the Administrative Judge to disqualify himself or herself on the grounds of personal bias or other disqualification, by serving and filing a motion promptly upon the discovery of the alleged facts, with an affidavit setting forth, in detail, the matters alleged to constitute grounds for disqualification.

621.3 If, in the opinion of the Administrative Judge, the affidavit is sufficient on its face, the Administrative Judge shall disqualify and remove himself or herself from the case. If the Administrative Judge does not disqualify himself or herself, the Administrative Judge shall issue a written order to that effect stating the grounds for the ruling.

622 Sanctions

622.1 The Administrative Judge may impose sanctions upon the parties as necessary to serve the ends of justice, including, but not limited to, the instances set forth in this section.

622.2 If a party fails to comply with an order for taking a deposition, the production of evidence within the party's control, a request for admission, and/or production of witnesses, the Administrative Judge may, for example:

(a) Draw an inference adverse to the party who failed to comply;

(b) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon evidence relating to, the information sought;

(c) Permit any party who has been prejudiced by the non-compliance to introduce secondary evidence concerning the information sought; and

(d) Strike any part of the pleadings or other submissions of the party failing to comply with such order.

622.3 If a party fails to take reasonable steps to prosecute or defend an appeal, the Administrative Judge, in the exercise of sound discretion, may dismiss the action or rule for the appellant. Failure of a party to prosecute or defend an appeal includes, but is not limited to, a failure to:

(a) Appear at a scheduled proceeding after receiving notice;

(b) Submit required documents after being provided with a deadline for such submission; or

(c) Inform this Office of a change of address which results in correspondence being returned.

622.4 The Administrative Judge may refuse to consider any motion or other action which is not filed in a timely fashion.

623 Ex Parte Communications

623.1 Ex parte communication is oral or written communication to decision-making personnel of the Office from a party to a proceeding who does not provide the other party or parties an opportunity to participate.

623.2 An ex parte communication which involves the merits of the case is prohibited.

623.3 In the event of a prohibited communication, the Administrative Judge shall describe that occurrence on the record with notice to the parties either by filing therein a memorandum, if the transaction was oral, or by filing any writing delivered to him or her.

623.4 When an Administrative Judge determines that a party has initiated a prohibited ex-parte communication, the Administrative Judge may impose such sanctions or remedial relief as may be appropriate under the circumstances.

624 Pre-Hearing Conferences

624.1 The Administrative Judge may convene a pre-hearing conference to consider:

(a) Simplification, clarification, compromise, or settlement of the issues;

(b) Necessity and desirability of amendments to the pleadings;

(c) Stipulations, admissions of fact, and the contents, admissibility, and authenticity of documents;

(d) Whether the Administrative Judge will order an evidentiary hearing to expedite the presentation of evidence, including, but not limited to, restricting the number of witnesses;

(e) A statement of the issues; and

(f) Such other matters as may aid in the orderly disposition of the proceeding, including disclosure of the names of witnesses and furnishing, for inspection or copying, non-privileged documents, papers, books, or other physical exhibits, which constitute or contain evidence relevant to the subject matter involved and which are in the possession, custody, or control of any party to the proceeding.

624.2 A pre-hearing conference, in the discretion of the Administrative Judge, may be recorded verbatim.

624.3 After such pre-hearing conference, the Administrative Judge may issue an order that identifies the legal and factual issues in the appeal. Unless modified, such order shall control the subsequent course of the proceeding.

624.4 Failure to appear at the pre-hearing conference without good cause and after adequate notice shall constitute, in addition to grounds for sanctions, a waiver by that party of any right to object to the characterization of the issues as set forth in the post pre-hearing order.

625 Evidentiary Hearings

625.1 A party may request the opportunity for an evidentiary hearing to adduce testimony to support or refute any fact alleged in a pleading.

625.2 If the Administrative Judge grants a request for an evidentiary hearing, or makes his or her own determination that one is necessary, the Administrative Judge will so advise the parties and, with appropriate notice, designate the time and place for such hearing and the issues to be addressed. The Administrative Judge shall give due regard to the availability of the parties or their authorized representative(s) in designating the time and place of the evidentiary hearing.

625.3 Postponement of an evidentiary hearing will be allowed only upon good cause shown or upon agreement of the parties, with the concurrence of the Administrative Judge. Except in extraordinary circumstances, a motion for a postponement shall not be considered unless it is served and filed at least seven (7) calendar days in advance of the date designated for the evidentiary hearing.

625.4 Failure of a party to appear for an evidentiary hearing, unless excused by the Administrative Judge for good cause shown, before or after the fact, may be deemed to be a waiver by that party of all rights to participate further in the proceeding, and may be grounds for dismissal of the case or the imposition of other sanctions.

625.5 Hearings shall be open to the public, except that the Administrative Judge may order a hearing or any part thereof closed, where a closed hearing would be in the best interest of the employee, a witness, the public, or other affected persons.

626 Recording and Transcripts

626.1 Evidentiary hearings shall be recorded verbatim under the supervision of the Administrative Judge and shall be the sole official record of the proceeding.

626.2 A transcript or, if the record was not transcribed, a copy of the recording may be obtained by the parties upon request.

626.3 The Office will provide one (1) copy of the transcript or recording to each party or, if the party is represented, to the representative at no cost. Any additional copies of the record shall be at the expense of the requesting party.

626.4 A party may request correction to the official transcript by written motion. A motion for correction shall be submitted within ten (10) calendar days of receipt of the transcript.

627 Presentation of Evidence or Witnesses

627.1 All material and relevant evidence or testimony shall be admissible, but may be excluded if it is unduly repetitious.

627.2 During an evidentiary hearing, a party shall be entitled to present his or her case or defense by oral, documentary or physical evidence, and to conduct reasonable cross-examination.

627.3 Objections to the admission of evidence, or to the conduct of the proceeding, may be made orally on the record where an evidentiary hearing has been provided, or by written motion. Argument thereon, or briefs or legal memoranda, if requested by the Administrative Judge, shall be included in the record. Rulings on objections shall be made at the time of the objection or prior to the receipt of further evidence, unless the Administrative Judge orders otherwise, and shall be a part of the record.

627.4 The parties may agree upon any facts or procedures relevant to the proceeding. Such stipulations shall be binding on the parties.

627.5 The Administrative Judge on his or her own motion or on motion of a party, may take official notice of matters of common knowledge or matters that can be verified. Official notice taken of any fact shall satisfy a party's burden of proving the fact noticed.

627.6 All exhibits offered into evidence shall be numbered and marked so as to identify the party offering the exhibit.

627.7 Whenever evidence is excluded by the Administrative Judge, the offering party may make an offer of proof of what the party expects the evidence to establish. In the case of an evidentiary hearing, if the offer of proof consists of an oral statement, it shall be included in the record. If the offer of proof consists of an exhibit or other documentary evidence, it shall be marked for identification and retained in the record so as to be available for consideration by any reviewing authority.

628 Witnesses

628.1 Every person shall be competent to be a witness as to any material matter unless the Administrative Judge finds that the proposed witness is incapable of:

(a) Expressing himself or herself concerning the matter so as to be understood by the Administrative Judge either directly or through interpretation by one who can understand the witness; or

(b) Understanding the duty of a witness to tell the truth.

628.2 Each District of Columbia government agency shall make its employees available to furnish sworn statements or affirmation or to appear as witnesses at depositions and hearings when requested by the Administrative Judge. When providing such statements or testimony, witnesses shall be on official duty status.

628.3 Witnesses not employed by the District of Columbia government may be required to appear by subpoena at the cost of the moving party.

628.4 Witnesses shall have the right to representation when testifying.

629 Burden of Proof

629.1 The burden of proof with regard to material issues of fact shall be by a preponderance of the evidence. (Preponderance of the evidence§ shall mean:

That degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue.

629.2 The employee shall have the burden of proof as to issues of jurisdiction, including timeliness of filing.

629.3 For appeals filed on or after October 21, 1998, the agency shall have the burden of proof, except for issues of jurisdiction.

629.4 For appeals filed before October 21, 1998, the agency, except for issues of jurisdiction, shall have the burden of proof in appeals filed pursuant to D.C. Code § 1-617.1 (1992 repl.) and the employee shall have the burden of proof in all other appeals.

630 Closing the Record

630.1 When an evidentiary hearing has been provided, the record shall be closed at the conclusion of the hearing, unless the Administrative Judge directs otherwise. When no evidentiary hearing has been provided, the record shall be closed on the date set by the Administrative Judge as the final date for the receipt of submissions from the parties.

630.2 Once the record is closed, no additional evidence or argument shall be accepted into the record unless the Administrative Judge reopens the record pursuant to Rule 631.

631 Reopening the Record; Termination of Jurisdiction

631.1 The Administrative Judge may reopen the record to receive further evidence or argument at any time prior to the issuance of the initial decision.

631.2 The jurisdiction of an Administrative Judge terminates upon issuance of the initial decision. However, the Administrative Judge shall retain jurisdiction over the appeal to the limited extent necessary to correct the record or transcript, rule on a request by the employee for attorney fees, and process any petition for enforcement.

632 Initial Decision

632.1 The Administrative Judge shall issue an initial decision. Such decision shall be issued no later than 120 business days after the employee files a complete petition for appeal. However, the Administrative Judge may extend this period for a reasonable time under extraordinary circumstances.

632.2 The Administrative Judge may, at the conclusion of an evidentiary hearing, render an oral decision, in which case an initial decision in writing shall be issued within thirty (30) days.

632.3 Each initial decision shall contain:

(a) Findings of fact and conclusions of law, as well as the reasons or bases therefor, upon all the material issues of fact and law presented on the record;

(b) An order as to the final disposition of the case, including appropriate relief if granted;

(c) The date upon which the decision will become final; and

(d) A statement of the right to seek further administrative remedy, including the right to petition for review.

632.4 Notwithstanding any other provision of these rules, the Office shall not reverse an agency's action for error in the application of its rules, regulations, or policies if the agency can demonstrate that the error was harmless. (Harmless error§ shall mean:

Error in the application of the agency's procedures, which did not cause substantial harm or prejudice to the employee's rights and did not significantly affect the agency's final decision to take the action.

632.5 The Office shall serve a copy of the initial decision on each party to the proceeding.

633 Finality of Decision

633.1 The initial decision shall become final thirty-five (35) calendar days after issuance.

633.2 The initial decision shall not become final if any party files a petition for review or if the Board reopens the case on its own motion within thirty-five (35) calendar days after issuance of the initial decision.

633.3 If the Board denies all petitions for review, the initial decision shall become final five (5) business days after issuance of the last denial.

633.4 If the Board grants a petition for review or reopens a case, the subsequent decision of the Board shall be the final decision.

633.5 Administrative remedies shall be considered exhausted when a decision becomes final in accordance with this section.

634 Petitions for Review

634.1 Any party to the proceeding may serve and file a petition for review of an initial decision with the Board within thirty-five (35) calendar days of issuance of the initial decision.

634.2 Within thirty-five (35) calendar days after the filing of the petition for review, any party may file an answer.

634.3 The petition for review shall set forth objections to the initial decision supported by reference to the record. The Board may grant a petition for review when the petition establishes that:

(a) New and material evidence is available that, despite due diligence, was not available when the record closed;

(b) The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation or policy;

(c) The findings of the Administrative Judge are not based on substantial evidence; or

(d) The initial decision did not address all material issues of law and fact properly raised in the appeal.

634.4 Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board.

634.5 The Board may review an initial decision on its own motion within thirty-five (35) days of issuance of the initial decision.

634.6 The Board may order oral argument on its own motion or on motion filed by any party.

634.7 The Board may affirm, reverse, remand, modify or vacate the initial decision, in whole or in part. Where appropriate, the Board shall issue a final decision and order a date for compliance.

634.8 The Board's decision on whether to grant or deny a petition for review shall be by public vote. However, the Board's final decision shall be the written opinion and order.

634.9 An employee or agency may appeal a final decision in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq.

635 Attorney Fees

635.1 An employee shall be entitled to an award of reasonable attorney fees if:

(a) He or she is a prevailing party; and

(b) The award is warranted in the interest of justice.

635.2 Unless the Administrative Judge directs otherwise, a request for attorney fees shall be made by written motion within thirty (30) calendar days of the date that the initial decision becomes final.

635.3 An employee shall submit reasonable evidence or documentation to support the number of hours expended by the attorney on the appeal.

635.4 The Board each year may approve standard hourly rates for fees for attorneys who practice before the Office.

635.5 An agency may file a written opposition to the employee§s motion for attorney fees within fifteen (15) business days of service of the motion or within such time as the Administrative Judge may direct. In its written opposition the agency must state its objection to the employee§s request for attorney fees with particularity and clarity.

635.6 A decision by an Administrative Judge on a request for attorney fees shall be considered an addendum to the initial decision.

636 Compliance and Enforcement

636.1 Unless the Office's final decision is appealed to the District of Columbia Superior Court, the District agency shall comply with the Office's final decision within thirty (30) calendar days from the date the decision becomes final.

636.2 If any District agency fails to comply with the final decision of the Office within the time period specified in Rule 636.1, the employee may file a motion to enforce the final decision. The motion shall be directed to the Administrative Judge who decided the appeal.

636.3 The agency shall have fifteen (15) business days to respond to the employee's motion.

636.4 The employee, with specificity, shall explain in the motion how the agency has failed to comply with the Office's decision. The agency shall include in its answer a statement which admits or denies each allegation in the employee's motion.

636.5 The parties shall serve the motion and answer on each other.

636.6 Failure by the agency to file an answer to the motion for enforcement shall be construed as an admission of the employee's allegations.

636.7 The Administrative Judge shall take all necessary action to determine whether the final decision is being complied with and shall issue a written opinion on the matter.

636.8 If the Administrative Judge determines that the agency has not complied with the final decision, the Administrative Judge shall certify the matter to the General Counsel. The General Counsel shall order the agency to comply with the Office's final decision in accordance with D.C. Code § 1-606.2.

636.9 If the agency fails to comply with the order, the General Counsel may take such actions as are necessary to secure compliance with the order, including forwarding the matter to the Office of the Mayor or other responsible official for direct enforcement.

High court backs Superfund
Investor's Business Daily
The Supreme Court rejected GE's (GE) challenge to the federal toxic waste cleanup law, upholding a US appeals court ruling. GE had argued the Superfund provision letting the EPA issue unilateral orders violated constitutional due process rights. ...
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• Subject:   Agriculture News Release (HQ): Obama Administration Establishes White House Rural Council to Strengthen Rural Communities   From: "U.S. EPA" < usaepa@govdelivery.com > To: john@ironmountainmine.com

  CONTACT: EPA Press Office press@epa.gov 202-564-6794   http://connect.in.com/iron-mountain-mine/photo-gallery-more.html FOR IMMEDIATE RELEASE June 9, 2011 Obama Administration Establishes White House Rural Council to Strengthen Rural Communities WASHINGTON – The White House today announced the establishment of the first White House Rural Council. While rural communities face challenges, they also present economic potential. To address these challenges, build on the Administration's rural economic strategy, and improve the implementation of that strategy, the President signed an Executive Order establishing the White House Rural Council. “Strong rural communities are key to a stronger America ,” said President Barack Obama. “That's why I've established the White House Rural Council to make sure we're working across government to strengthen rural communities and promote economic growth.” The White House Rural Council will coordinate programs across government to encourage public-private partnerships to promote further economic prosperity and quality of life in rural communities nationwide. Chaired by Secretary of Agriculture Tom Vilsack, the Council will be responsible for providing recommendations for investment in rural areas and will coordinate Federal engagement with a variety of rural stakeholders, including agricultural organizations, small businesses, and state, local, and tribal governments. “Rural America makes significant contributions to the security, prosperity, and economic strength of our country,” said Agriculture Secretary Tom Vilsack. “The Rural Council announced by President Obama shows his continued focus on promoting economic opportunity, creating jobs, and enhancing the quality of life for those who live in rural America . Together with the rest of the Obama administration, USDA has worked to support families and businesses in rural communities so that their success will pay dividends for all Americans.” “While rural communities face unique environmental challenges, they're also leading the way in clean, sustainable solutions to help us meet their needs and our 21st century energy challenges,” EPA Administrator Lisa P. Jackson said . “I've traveled from Georgia to Iowa to California to speak face-to-face with rural communities, hear their concerns and see their innovative ideas at work. This council will help us build on our efforts here at EPA to better engage all communities in the vital work of protecting our environment and our health.” In the coming months, the White House Rural Council will focus on job creation and economic development by increasing the flow of capital to rural areas, promoting innovation, expanding digital and physical networks, and celebrating opportunity through America 's natural resources. The Council will begin discussing key factors for growth, including:   -- Jobs: Improve job training and workforce development in rural America -- Agriculture: Expand markets for agriculture, including regional food systems and exports -- Access to Credit: Increase opportunity by expanding access to capital in rural communities and fostering local investment -- Innovation: Promote the expansion of biofuels production capacity and community based renewable energy projects -- Networks: Develop high-growth regional economies by capitalizing on inherent regional strengths -- Health Care: Improve access to quality health care through expansion of health technology systems -- Education: Increase post-secondary enrollment rates and completion for rural students      -- Broadband: Support the President's plan to increase broadband opportunities in rural America -- Infrastructure: Coordinate investment in critical infrastructure -- Ecosystem markets: Expanding opportunities for conservation, outdoor opportunities and economic growth on working lands and public lands Since taking office, President Obama's Administration has taken significant steps to improve the lives of rural Americans and has provided broad support for rural communities. The Obama Administration has set goals of modernizing infrastructure by providing broadband access to 10 million Americans, expanding educational opportunities for students in rural areas, and providing affordable health care. In the long term, these unparalleled rural investments will help ensure that America 's rural communities are repopulating, self-sustaining, and thriving economically.   The Executive Order: http://www.whitehouse.gov/sites/default/files/uploads/2011ruralcouncil_eo_rel.pdf

  THE WHITE HOUSE

  Office of the Press Secretary

  For Immediate Release June 9, 2011

  EXECUTIVE ORDER

  - - - - - - -

  ESTABLISHMENT OF THE WHITE HOUSE RURAL COUNCIL

  By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to enhance Federal engagement with rural communities, it is hereby ordered as follows:

  Section 1. Policy. Sixteen percent of the American population lives in rural counties. Strong, sustainable rural communities are essential to winning the future and ensuring American competitiveness in the years ahead. These communities supply our food, fiber, and energy, safeguard our natural resources, and are essential in the development of science and innovation. Though rural communities face numerous challenges, they also present enormous economic potential. The Federal Government has an important role to play in order to expand access to the capital necessary for economic growth, promote innovation, improve access to health care and education, and expand outdoor recreational activities on public lands.

  To enhance the Federal Government's efforts to address the needs of rural America , this order establishes a council to better coordinate Federal programs and maximize the impact of Federal investment to promote economic prosperity and quality of life in our rural communities.

  Sec. 2. Establishment. There is established a White House Rural Council (Council).

  Sec. 3. Membership. (a) The Secretary of Agriculture shall serve as the Chair of the Council, which shall also include the heads of the following executive branch departments, agencies, and offices:

  (1) the Department of the Treasury;

  (2) the Department of Defense;

  (3) the Department of Justice;

  (4) the Department of the Interior;

  (5) the Department of Commerce;

  (6) the Department of Labor;

  (7) the Department of Health and Human Services;

  (8) the Department of Housing and Urban Development;

  (9) the Department of Transportation;

  (10) the Department of Energy;

  (11) the Department of Education;

  (12) the Department of Veterans Affairs;

  (13) the Department of Homeland Security;

  (14) the Environmental Protection Agency;

  (15) the Federal Communications Commission;

  (16) the Office of Management and Budget;

  (17) the Office of Science and Technology Policy;

  (18) the Office of National Drug Control Policy;

  (19) the Council of Economic Advisers;

  (20) the Domestic Policy Council;

  (21) the National Economic Council;

  (22) the Small Business Administration;

  (23) the Council on Environmental Quality;

  (24) the White House Office of Public Engagement and Intergovernmental Affairs;

  (25) the White House Office of Cabinet Affairs; and such other executive branch departments, agencies, and offices as the President or the Secretary of Agriculture may, from time to time, designate.

  (b) A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is part of the member's department, agency, or office, and who is a full-time officer or employee of the Federal Government.

  (c) The Department of Agriculture shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations.

  (d) The Council shall coordinate its policy development through the Domestic Policy Council and the National Economic Council.

  Sec. 4. Mission and Function of the Council. The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations to promote economic prosperity and quality of life in rural America , and shall coordinate my Administration's engagement with rural communities. The Council shall:

  (a) make recommendations to the President, through the Director of the Domestic Policy Council and the Director of the National Economic Council, on streamlining and leveraging

  Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create economic opportunities to improve the quality of life in rural America ;

  (b) coordinate and increase the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health-care providers, telecommunications services providers, research and land grant institutions, law enforcement, State, local, and tribal governments, and nongovernmental organizations regarding the needs of rural America;

  (c) coordinate Federal efforts directed toward the growth and development of geographic regions that encompass both urban and rural areas; and

  (d) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation related activities.

  Sec. 5. General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. Each executive department and agency shall bear its own expense for participating in the Council.

  (b) Nothing in this order shall be construed to impair or otherwise affect:

  (i) authority granted by law to an executive department, agency, or the head thereof; or

  (ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

  (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

  (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

  BARACK OBAMA

  THE WHITE HOUSE,

  Rule 2. Suspension of Rules

  On its own or a party's motion, a court of appeals may—to expedite its decision or for other good cause—suspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26(b). (As amended Apr. 24, 1998, eff. Dec. 1, 1998.)

  Notes

  Media Advisory (HQ): SUNDAY- MONDAY: EPA Administrator to Travel to Northern California , Will Speak with Students, Business and Civic Leaders

  U.S. Environmental Protection Agency sent this bulletin on June 10, 2011 01:07 PM

  CONTACT:
  EPA Press Office
  press@epa.gov
  
  FOR IMMEDIATE RELEASE:
  June 10, 2011
  
  
  SUNDAY- MONDAY: EPA Administrator to Travel to Northern California, Will Speak with Students, Business and Civic Leaders
  
  WASHINGTON – U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson will visit Northern California June 12 and 13, where she will speak with students and local business leaders about how innovation and clean technology can protect Americans' health, strengthen our economy and create jobs.
  
  Administrator Jackson will deliver commencement remarks to graduates of the University of California at Santa Cruz 's College Ten on Sunday afternoon. She will discuss EPA's environmental justice efforts with students who have focused their studies on social justice issues.
  
  On Monday, Administrator Jackson will join Sacramento Mayor Kevin Johnson at a meeting of the Greenwise Sacramento initiative. Through the initiative, Mayor Johnson is working to make Sacramento a hub for clean technology and Administrator Jackson will discuss the job creation and health benefits that come with clean energy development. While in Sacramento , she will also attend a roundtable with CEOs of regional businesses and participate in a meeting with state environmental officials.
  
  *** Credentialed press who would like to interview Administrator Lisa P. Jackson and/or attend the events should e-mail press@epa.gov to RSVP. Please include your name, media affiliation and contact information in your request.
  
  SUNDAY, JUNE 12, 2011
  
  12:00 p.m. PDT Press Availability
  UC Santa Cruz University House
  1156 High Street
  Santa Cruz, CA 95064
  OPEN PRESS
  
  1:30 p.m. PDT Commencement
  2011 College Ten Commencement Ceremony
  Lower West Field
  University of California, Santa Cruz
  Santa Cruz, CA 95064
  OPEN PRESS
  
  MONDAY, JUNE 13, 2011
  
  10 a.m. PDT Greenwise Meeting
  Cal EPA
  1001 I Street
  Sacramento, CA 95812
  OPEN PRESS

   

  Mining (except Oil and Gas) Sector ( NAICS 212)

  Mining is part of the mining, quarrying, and oil and gas extraction (NAICS 21 sector). 

  This sector includes metal mining and nonmetallic mineral mining and quarrying.  The term mining is used in the broad sense to include quarrying, well operations, beneficiating (e.g., crushing, screening, washing, and flotation), and other preparation customarily performed at the mine site, or as a part of mining activity. 

  Additional regulatory information may be available from the US Department of the Interior (DOI) .

  Read more about sectors at the  US Census Bureau NAICS site .

  Additional federal and state regulations not listed here may apply. Find your state environmental agency .

  Laws and Regulations

  • Asbestos and Vermiculite Laws and Regulations
  • Effluent Guidelines: Coal Mining Point Source Category
  • Industrial Waste: Mining Waste
  • National Pollutant Discharge Elimination System (NPDES): Mining - information about mining activities regulated by wastewater permits
  • National Pollutant Discharge Elimination System (NPDES): Stormwater Discharges from Industrial Facilities - wastewater permit information.
  • National Emissions Standards for Hazardous Air Pollutants (NESHAP) - air toxics regulations:
    • Gold Mine Ore Processing and Production (Area Sources)
    • Taconite Iron Ore Processing
    • Radiation Protection, including uranium mining and mill tailings
  • Mid-Atlantic Mountaintop Mining - information about mountaintop coal mining and surface mining.
  • Surface Coal Mining Activities under the Clean Water Act Section 404 - wetlands regulations affecting mining activities.
  • TENORM: Mining Wastes - information about Technologically-Enhanced, Naturally-Occurring Radioactive Material (TENORM) produced from mining wastes.
  • Underground Injection Control (UIC) Regulations

  Compliance

  • Sector Notebook: Profile of the Metal Mining Industry (PDF) (137 pp, 516 K)
  • Sector Notebook: Profile of the Non-Fuel, Non-Metal Mining Industry (PDF) (95 pp, 364 K)

  Enforcement

  • National Enforcement Initiatives: Mineral Processing

  Policies and Guidance

  • Wetlands Policy & Guidance: Surface Coal Mining Activities under Clean Water Act Section 404
  • Polluted Runoff: Acid Mine Drainage - includes guidance documents for characterizing and cleaning up abandoned mine sites.
  • Abandoned Mine Land: Policy and Guidance - Part of EPA's Superfund program, includes policy and guidance documents that have direct applications to the assessment and remediation of abandoned mine lands.

  Related Business Sectors:

  • Metals
  • Mineral Processing

  You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

  Frequent Questions

  • Where can I find out about requirements for damming, diverting or altering a creek, stream, or other natural watercourse?
  • Where can I find information on oil spills?
  • How can I get help understanding the regulations that apply to my company or business?

  Ask a Question

  Partnership Programs

  • Coalbed Methane Outreach Program (CMOP) - to reduce methane emissions from coal mining activities
  • Natural Gas STAR Program - to reduce methane emissions from natural gas operations

  Related Topics

  • Learn the Issues: Land and Cleanup
  • Laws & Regulations: Mountaintop Mining
  • Science & Technology: Land, Waste, and Cleanup

   

  Clean, cheap hydrogen production from water using cobalt catalyst

  By Kyle Niemeyer | Published 6-10-2011

  For years, proponents of the hydrogen economy have argued that hydrogen will replace traditional hydrocarbon fuels for transportation purposes. But, so far, a lack of new, inexpensive methods for hydrogen production and storage has impeded this goal. Over the last several years, an MIT professor has been pushing cobalt catalysts as a cheap replacement for the expensive metals typically used to split water. A paper in this week's Proceedings of the National Academies of Science describes the latest progress here: integrating the cobalt catalyst with a silicon solar cell to create a device that uses the sun to split water.

  Hydrogen is a desirable fuel, because when it is burned or otherwise consumed (as in a fuel cell ), it only produces water, although combustion results in small amounts of nitrogen oxides as by-products. However, unlike traditional liquid or gas fuels, hydrogen doesn't exist in its molecular form on Earth, so it must be produced from other sources—it is an energy carrier, rather than an energy source.

  The primary industrial method for hydrogen production is steam reforming of hydrocarbons such as oil, coal, and natural gas, where high-temperature steam reacts with the fuel to produce hydrogen and carbon monoxide. But this method is unattractive for a few reasons: the resulting hydrogen is more expensive than the starting fuel, carbon dioxide is still produced (although easier to capture and store at a central location than on a vehicle), and it relies on fossil fuel sources. Due to these limitations, researchers are developing clean and renewable methods of hydrogen production, focusing on solar-based approaches.

  Photoelectrochemical water splitting, also known as artificial photosynthesis , essentially combines a photovoltaic solar cell with electrolysis, the process of using electrical current to break water into oxygen and hydrogen. The most efficient devices of this nature, tandem GaInP 2 /GaAs cells, use platinum catalysts to significantly reduce the energy required to split the water. They can achieve a solar-to-hydrogen conversion efficiency of 16.5 percent. However, both the cell and the catalyst are extremely expensive, and require a high-pH (basic) electrolyte solution to operate, which degrades the materials over time.

  Silicon, another semiconductor traditionally employed in photovoltaics, has also been used in less-efficient photoelectrochemical cells (2.5-8 percent so far), but they can be significantly less expensive than the gallium-based cells due to the abundance of silicon. The Si-based devices developed up to this point use the semiconductor surface as a catalyst, but this setup also requires an extremely basic solution—so these suffer the same stability problems over time. To this end, the authors of the current paper integrated a silicon-based photoelectrochemical cell with a cobalt-phosphate (Co-Pi) catalyst that can operate in a neutral pH solution. In addition to avoiding the degrading properties of a high-pH environment, the cobalt-based catalyst is inexpensive compared to a traditional platinum catalyst.

  The Co-Pi catalyst acts like—and is structurally similar to—the oxygen-evolving (or water-splitting) complex (OEC), the enzyme used in photosynthesis to break down water. Like the OEC, it also exhibits high activity at room temperature in both seawater and fresh water, and operates under neutral pH conditions. This means that, unlike the previous designs, this device doesn't run into any stability problems over time. When combined with an np -Si junction, the catalyst can increase the efficiency of photoelectrochemical water splitting. We've covered this catalyst before being used with zinc oxide, but this is the first demonstration with silicon.

  This device in its current configuration looks like a sandwich: a 10 µm photoresist, a 140 nm patterned metal contact (Ti/Pd/Ag), n -type Si, p -type Si, a 1.5 nm SiO 2 interface, a 50 nm indium tin oxide (ITO) protective layer, and the Co-Pi catalyst film. The photoresist on the n -side protects the metal contacts and silicon from water, while the ITO layer on the p -side protects the silicon from water that penetrates the catalyst. The sunlight or artificial illumination hits the n -side, passing through the photoresist.

  The primary result of this paper (other than demonstration of the new catalyst integrated with a silicon cell) is that most of the generated potential was used towards the water splitting. As a proof-of-concept, this device is promising, but significant effort will still be needed to develop this concept into a functioning photoelectrochemical cell.

  June 9, 2011.

  Subject: Earthquake-Resistant Design Concepts (FEMA P-749) Now Available in Print and Online! From: "FEMA (Federal Emergency Management Agency)" < fema@service.govdelivery.com > To: john@ironmountainmine.com

  The Federal Emergency Management Agency (FEMA) is pleased to announce that Earthquake-Resistant Design Concepts: An Introduction to the NEHRP Recommended Seismic Provisions for New Buildings and Other Structures , FEMA P-749, is now available, at no cost, from the Publications Warehouse and online from the FEMA Library. Understanding the basis for the seismic regulations in the nation's building codes and standards is important to understanding how we protect the public from earthquake risk. FEMA P-749 provides a non-technical and readily understandable explanation of the intent and requirements of the seismic design criteria found in the nation's building codes and standards. One of the goals of the National Earthquake Hazards Reduction Program (NEHRP) is to encourage design and construction practices that address the earthquake hazard and minimize the resulting risk to life and property. The publication of FEMA P-749, a companion guide to the 2009 edition of the NEHRP Recommended Seismic Provisions for New Buildings and Other Structures , FEMA P-750, reaffirms FEMA's ongoing commitment to achieving this goal. One of the goals of the National Earthquake Hazards Reduction Program (NEHRP) is to encourage design and construction practices that reduce the seismic risk to property and life. FEMA's publication of the 2009 NEHRP Recommended Seismic Provisions , which serve as a national resource for design professionals and the standards and codes development community, is a major ongoing commitment to achieving this goal. The seismic requirements in U.S. model building codes and standards are updated through the volunteer efforts of design professionals and construction industry representatives under a process sponsored by FEMA and administered by the Building Science Safety Council (BSSC). At regular intervals, the BSSC develops and FEMA publishes the NEHRP Recommended Seismic Provisions for New Buildings and Other Structures . The NEHRP Recommended Seismic Provisions and the building codes and standards based on its recommendations are technical documents used primarily by professionals. However, a non-technical explanation of these requirements is important to understanding how the nation's building codes and standards work to protect the public from the risk presented by earthquakes and other hazards. To order your copy of FEMA P-749 from the FEMA Publications Warehouse, call 1 (800) 480-2520 or fax your request to (240) 699-0525. To view or download the publication, please visit the FEMA Library . To view or download other NEHRP publications and products or to sign up for updates on earthquake risk mitigation publications, news, and events, visit Earthquake Publications and Tools . Update Your E-mail Address | Change Delivery Preference | Update State and Zip Code | Unsubscribe Subscribe to receive alerts during disasters in your state . If you have questions or problems with the subscription service, please contact support@govdelivery.com . This service is provided to you at no charge by FEMA . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. This email was sent to john@ironmountainmine.com .

  Rule 48. Masters

  (a) Appointment; Powers.

  A court of appeals may appoint a special master to hold hearings, if necessary, and to recommend factual findings and disposition in matters ancillary to proceedings in the court. Unless the order referring a matter to a master specifies or limits the master's powers, those powers include, but are not limited to, the following:

  (1) regulating all aspects of a hearing;

  (2) taking all appropriate action for the efficient performance of the master's duties under the order;

  (3) requiring the production of evidence on all matters embraced in the reference; and

  (4) administering oaths and examining witnesses and parties.

  (b) Compensation.

  If the master is not a judge or court employee, the court must determine the master's compensation and whether the cost is to be charged to any party.

• JOHN F. HUTCHENS; CHIEF WARDEN OF THE ARBORETUM, GALES, & STANNARIES OF IRON MOUNTAIN MINES INC. & MR. T.W. ARMAN,

  HEAD MASTER NATURALIST OF THE IRON MOUNTAIN MINES INSTITUTE, PRINCIPAL & CURATOR OF THE COLLEGE OF THE HUMMINGBIRD AND THE SPRING CREEK SCHOOL DISTRICT , PRIME ARCHITECT & TENANT-IN-GENERAL OF IRON MOUNTAIN MINES LLC AND MR. T.W. ARMAN,

  CHANCELLOR OF THE ARMAN CONSERVATORY, SENIOR CUSTODIAN OF THE ARMAN CONSERVATORY TRUSTS, EXECUTIVE DIRECTOR OF THE U.S. COUNSEL OF WATERSHED CHANGE EXPERTS, PATENTEES' GRANTEE AND PERSONAL REPRESENTATIVE, ADMINISTRATOR OF THE IRON MOUNTAIN MINES REMEDIATION, REHABILITATION, AND REUSE AUTHORITY, HYDRO, BIO, GEO, & SOLAR POWER COURTSHIP & ENGAGEMENT INITIATIVES.

   

  SOLICITOR & PROSECUTOR OF THE BENCH & BAR OF IRON MOUNTAIN MINE LODE & PLACER CLAIMS, DESIGNER, ADVOCATE & PETITIONER; THE GOLDEN GATE TIDAL DYKE & THE ARMAN SEISMIC WALL SYSTEM, SUI JURIS, SUI GENERIS, QUO WARRANTO, QUI TAM, SUPERSEDEAS, CONSOLIDATION IN CONGRESS ASSEMBLED, FLAGRANS DELICTUM, QUO AVARRANTO, SUBSTITUTIONS & DELEGATIONS OF THE CURIA REGIS OF THE ARMANSHIRE IN TERRITORY OF THE AMERICAN PEOPLES' REPUBLIC.

   

  Subject: Media Advisory (HQ): SUNDAY- MONDAY: EPA Administrator to Travel to Northern California, Will Speak with Students, Business and Civic Leaders From: "U.S. EPA" < usaepa@govdelivery.com > To: john@ironmountainmine.com

  CONTACT: EPA Press Office press@epa.gov FOR IMMEDIATE RELEASE: June 10, 2011 SUNDAY- MONDAY: EPA Administrator to Travel to Northern California, Will Speak with Students, Business and Civic Leaders WASHINGTON – U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson will visit Northern California June 12 and 13, where she will speak with students and local business leaders about how innovation and clean technology can protect Americans' health, strengthen our economy and create jobs. Administrator Jackson will deliver commencement remarks to graduates of the University of California at Santa Cruz's College Ten on Sunday afternoon. She will discuss EPA's environmental justice efforts with students who have focused their studies on social justice issues. On Monday, Administrator Jackson will join Sacramento Mayor Kevin Johnson at a meeting of the Greenwise Sacramento initiative. Through the initiative, Mayor Johnson is working to make Sacramento a hub for clean technology and Administrator Jackson will discuss the job creation and health benefits that come with clean energy development. While in Sacramento, she will also attend a roundtable with CEOs of regional businesses and participate in a meeting with state environmental officials. *** Credentialed press who would like to interview Administrator Lisa P. Jackson and/or attend the events should e-mail press@epa.gov to RSVP. Please include your name, media affiliation and contact information in your request. SUNDAY, JUNE 12, 2011 12:00 p.m. PDT Press Availability UC Santa Cruz University House 1156 High Street Santa Cruz, CA 95064 OPEN PRESS 1:30 p.m. PDT Commencement 2011 College Ten Commencement Ceremony Lower West Field University of California, Santa Cruz Santa Cruz, CA 95064 OPEN PRESS MONDAY, JUNE 13, 2011 10 a.m. PDT Greenwise Meeting Cal EPA 1001 I Street Sacramento, CA 95812 OPEN PRESS R198 Note: If a link above doesn't work, please copy and paste the URL into a browser.

  # # #

  USDA-led Consortium Sequences Genome of Key Wheat Pathogen By Sharon Durham June 10, 2011 A U.S. Department of Agriculture (USDA)-led consortium of scientists has fully sequenced the genome of the pathogen that causes the wheat disease known as septoria tritici blotch, which can cause significant yield losses. According to the International Maize and Wheat Improvement Center in Mexico, losses can reach as high as 50 percent if fungicides are not used to protect susceptible wheat lines. Thise disease is found in every wheat-growing area in the world, including the United States. The research, published in PLoS Genetics , may lead to strategies to control this disease. The USDA scientists work for the Agricultural Research Service (ARS), USDA's chief intramural scientific research agency. The pathogen that causes the disease, Mycosphaerella graminicola , has a long "silent period," a latent stage during which it takes nutrition from the living plant and evades the host plant's natural defenses. Scientists previously did not have a good understanding of how the organism infects wheat, or how the wheat plant itself resists the pathogen. Sequencing the genome of the pathogen could help answer these questions, among others. "Having a complete sequence of the M. graminicola genome will give researchers across the globe the tools necessary to mitigate the damage this pathogen causes to wheat crops," said ARS Administrator Edward B. Knipling . M. graminicola employs "stealth" pathogenicity, the ability to infect the host plant without the plant mounting an adequate defense response, if any at all. "A lot of pathogens infect host plants by penetrating the plant's cell wall," said plant pathologist Stephen Goodwin at the ARS Crop Production and Pest Control Research Unit in West Lafayette, Ind. "But this organism grows into the plant's natural openings, the stomata, which are normally used for gas exchange. The pathogen then grows in between the cell walls without triggering defense responses that are designed to stop infection." The pathogen goes into its "silent period" and then switches to a pathogenic (disease-causing) stage. "We don't know what happens in that switch from the latent phase to the pathogenic phase," Goodwin said. "The gene sequence will allow scientists to look at the expression of all of those genes involved in the transition period." Goodwin led the sequencing effort and is a lead author of the paper, along with Igor V. Grigoriev of the U.S. Department of Energy 's Joint Genome Institute in Walnut Creek, Calif., and Gert H. J. Kema of the Plant Research International B.V., Wageningen, The Netherlands. The international research team also included scientists in Australia, Brazil, France, Germany, Iran, Mexico, Switzerland, and The United Kingdom. [ Top ]

  Last Modified: 06/10/2011

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  Inhofe Introduces Amendments to Help Protect Jobs

     Thursday, June 9, 2011

  Link to Press Release
  Link to Inhofe Amendment #438
  Inhofe Amendment #429

  Washington , D.C. - Senator James Inhofe (R-Okla.), Ranking Member of the Senate Committee on Environment and Public Works introduced two additional amendments to the Economic Development Revitalization Act of 2011. These amendments accompany another Inhofe amendment, which will reduce the authorization level of the EDA bill from $500 million to $300 million.

  “The Obama EPA is destroying jobs and harming our economy by cranking out red tape at an unprecedented rate,” Senator Inhofe said.  “At the same time, the Agency is trying to hide the cost of these rules from the American public.  This must come to an end.  As we move forward with EDA reauthorization, a bill focused on job growth, we should demand to know the effect of EPA's rules on businesses and working families.

  “My amendment would set up a Committee to examine the cumulative cost of the EPA “train wreck”- it would provide transparency, which is clearly lacking in the EPA's rulemaking process. It would also ensure that policymakers and the American public have the information necessary to hold the Obama EPA accountable for its actions.

  “I have also introduced an amendment that would protect jobs and economic development in Oklahoma by preventing the listing of the Lesser Prairie Chicken under the Endangered Species Act.  Instead of restricting the rights of private property owners and putting jobs at risk, I hope we can give voluntary public-private partnerships - especially the Candidate Conservation Agreements with Assurances - a chance to produce results. These programs achieve the right balance between environmental protection and economic growth.”

  More on the Amendments:

  Inhofe Amendment #438: The Comprehensive Assessment on the Economy Act (CARE) , which Senator Inhofe recently unveiled with Senator Johanns, was introduced as an amendment to the EDA bill. It requires the Environmental Protection Agency (EPA) to determine the total cost of several major rules it is preparing to issue, and evaluate their impact on employment, economic development, electric reliability, energy security, retail electricity rates and gasoline prices, and State and local governments.

  Inhofe Amendment: #429: This amendment would ensure that the lesser prairie chicken is not listed under the Endangered Species Act (ESA).  It addresses the concerns of many Oklahomans that the federal government is harming economic development in favor of creating a habitat for the species, even though it is currently hunted in neighboring Kansas .  In particular, the listing of the Lesser Prairie Chicken would harm wind development in the state. In order to move power from wind-rich, remote locations to energy-intensive population centers, OG&E recently announced the construction of a high power line.  But this project, and hundreds of millions of dollars of private sector investment in Oklahoma wind development, could be in peril if the Lesser Prairie Chicken is listed.

  These amendments compliment two amendments that Senator Inhofe previously proposed: one would cut EDA's authorization levels from $500 million to $300 million, and the other, which was accepted during the EPW markup of the bill, would help to ensure that EDA is not involved in any duplicative federal programs.

  Rule 20. Applicability of Rules to the Review or Enforcement of an Agency Order

  All provisions of these rules, except Rules 3–14 and 22–23, apply to the review or enforcement of an agency order. In these rules, “appellant” includes a petitioner or applicant, and “appellee” includes a respondent.

  Notes

• Substitution for a Reason Other Than Death.

  If a party needs to be substituted for any reason other than death, the procedure prescribed in Rule 43(a) applies.

• FRAP 43. Substitution of Parties

  The sixth sentence authorizes an attorney of record for the deceased to take an appeal on behalf of successors in interest if the deceased has no representative. At present, if a party entitled to appeal dies before the notice of appeal is filed, the appeal can presumably be taken only by his legal representative and must be taken within the time ordinarily prescribed. 13 Cyclopedia of Federal Procedure (3d Ed.) § 63.21. The states commonly make special provisions for the event of the death of a party entitled to appeal, usually by extending the time otherwise prescribed. Rules of Civil Procedure for Superior Courts of Arizona, Rule 73 (t) , 16 A.R.S.; New Jersey Rev. Rules 1 :3–3; New York Civil Practice Law and Rules, Sec. 1022; Wisconsin Statutes Ann. 274.01(2). The provision in the proposed rule is derived from California Code of Civil Procedure, Sec. 941.

  V. EXTRAORDINARY WRITS

  Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs

  (a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing.

  (1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes.

  (2)

  (A) The petition must be titled “In re [name of petitioner].”

  (B) The petition must state:

  (i) the relief sought;

  (ii) the issues presented;

  (iii) the facts necessary to understand the issue presented by the petition; and

  (iv) the reasons why the writ should issue.

  (C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition.

  (3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it to the court.

  (b) Denial; Order Directing Answer; Briefs; Precedence.

  (1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if any, to answer within a fixed time.

  (2) The clerk must serve the order to respond on all persons directed to respond.

  (3) Two or more respondents may answer jointly.

  (4) The court of appeals may invite or order the trial-court judge to address the petition or may invite an amicus curiae to do so. The trial-court judge may request permission to address the petition but may not do so unless invited or ordered to do so by the court of appeals.

  (5) If briefing or oral argument is required, the clerk must advise the parties, and when appropriate, the trial-court judge or amicus curiae.

  (6) The proceeding must be given preference over ordinary civil cases.

  (7) The circuit clerk must send a copy of the final disposition to the trial-court judge.

  (c) Other Extraordinary Writs.

  An application for an extraordinary writ other than one provided for in Rule 21(a) must be made by filing a petition with the circuit clerk with proof of service on the respondents. Proceedings on the application must conform, so far as is practicable, to the procedures prescribed in Rule 21(a) and (b).

  (d) Form of Papers; Number of Copies.

  All papers must conform to Rule 32(c)(2). Except by the court's permission, a paper must not exceed 30 pages, exclusive of the disclosure statement, the proof of service, and the accompanying documents required by Rule 21(a)(2)(C). An original and 3 copies must be filed unless the court requires the filing of a different number by local rule or by order in a particular case.

  Notes

  APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT

  Rule 3. Appeal as of Right—When Taken

  (a) Filing the Notice of Appeal.

  (1) An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4. At the time of filing, the appellant must furnish the clerk with enough copies of the notice to enable the clerk to comply with Rule 3(d).

  (2) An appellant's failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for the court of appeals to act as it considers appropriate, including dismissing the appeal.

  (3) An appeal from a judgment by a magistrate judge in a civil case is taken in the same way as an appeal from any other district court judgment.

  (4) An appeal by permission under 28 U.S.C. § 1292(b) or an appeal in a bankruptcy case may be taken only in the manner prescribed by Rules 5 and 6, respectively.

  (b) Joint or Consolidated Appeals.

  (1) When two or more parties are entitled to appeal from a district-court judgment or order, and their interests make joinder practicable, they may file a joint notice of appeal. They may then proceed on appeal as a single appellant.

  (2) When the parties have filed separate timely notices of appeal, the appeals may be joined or consolidated by the court of appeals.

  (c) Contents of the Notice of Appeal.

  (1) The notice of appeal must:

  (A) specify the party or parties taking the appeal by naming each one in the caption or body of the notice, but an attorney representing more than one party may describe those parties with such terms as “all plaintiffs,” “the defendants,” “the plaintiffs A, B, et al.,” or “all defendants except X”;

  (B) designate the judgment, order, or part thereof being appealed; and

  (C) name the court to which the appeal is taken.

  (2) A pro se notice of appeal is considered filed on behalf of the signer and the signer's spouse and minor children (if they are parties), unless the notice clearly indicates otherwise.

  (3) In a class action, whether or not the class has been certified, the notice of appeal is sufficient if it names one person qualified to bring the appeal as representative of the class.

  (4) An appeal must not be dismissed for informality of form or title of the notice of appeal, or for failure to name a party whose intent to appeal is otherwise clear from the notice.

  (5) Form 1 in the Appendix of Forms is a suggested form of a notice of appeal.

  (d) Serving the Notice of Appeal.

  (1) The district clerk must serve notice of the filing of a notice of appeal by mailing a copy to each party's counsel of record—excluding the appellant's—or, if a party is proceeding pro se, to the party's last known address. When a defendant in a criminal case appeals, the clerk must also serve a copy of the notice of appeal on the defendant, either by personal service or by mail addressed to the defendant. The clerk must promptly send a copy of the notice of appeal and of the docket entries—and any later docket entries—to the clerk of the court of appeals named in the notice. The district clerk must note, on each copy, the date when the notice of appeal was filed.

  (2) If an inmate confined in an institution files a notice of appeal in the manner provided by Rule 4(c), the district clerk must also note the date when the clerk docketed the notice.

  (3) The district clerk's failure to serve notice does not affect the validity of the appeal. The clerk must note on the docket the names of the parties to whom the clerk mails copies, with the date of mailing. Service is sufficient despite the death of a party or the party's counsel.

  (e) Payment of Fees.

  Upon filing a notice of appeal, the appellant must pay the district clerk all required fees. The district clerk receives the appellate docket fee on behalf of the court of appeals.

  Notes

  [Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case] (Abrogated Apr. 24, 1998, eff. Dec. 1, 1998)

  Notes

  Rule 4. Appeal as of Right—When Taken

  (a) Appeal in a Civil Case.

  (1) Time for Filing a Notice of Appeal.

  (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after the judgment or order appealed from is entered.

  (B) When the United States or its officer or agency is a party, the notice of appeal may be filed by any party within 60 days after the judgment or order appealed from is entered.

  (C) An appeal from an order granting or denying an application for a writ of error coram nobis is an appeal in a civil case for purposes of Rule 4(a).

  (2) Filing Before Entry of Judgment.

  A notice of appeal filed after the court announces a decision or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry.

  (3) Multiple Appeals.

  If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later.

  (4) Effect of a Motion on a Notice of Appeal.

  (A) If a party timely files in the district court any of the following motions under the Federal Rules of Civil Procedure, the time to file an appeal runs for all parties from the entry of the order disposing of the last such remaining motion:

  (i) for judgment under Rule 50(b);

  (ii) to amend or make additional factual findings under Rule 52(b), whether or not granting the motion would alter the judgment;

  (iii) for attorney's fees under Rule 54 if the district court extends the time to appeal under Rule 58;

  (iv) to alter or amend the judgment under Rule 59;

  (v) for a new trial under Rule 59; or

  (vi) for relief under Rule 60 if the motion is filed no later than 28 days after the judgment is entered.

  (B)

  (i) If a party files a notice of appeal after the court announces or enters a judgment—but before it disposes of any motion listed in Rule 4(a)(4)(A)—the notice becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered.

  (ii) A party intending to challenge an order disposing of any motion listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment upon such a motion, must file a notice of appeal, or an amended notice of appeal—in compliance with Rule 3(c)—within the time prescribed by this Rule measured from the entry of the order disposing of the last such remaining motion.

  (iii) No additional fee is required to file an amended notice.

  (5) Motion for Extension of Time.

  (A) The district court may extend the time to file a notice of appeal if:

  (i) a party so moves no later than 30 days after the time prescribed by this Rule 4(a) expires; and

  (ii) regardless of whether its motion is filed before or during the 30 days after the time prescribed by this Rule 4(a) expires, that party shows excusable neglect or good cause.

  (B) A motion filed before the expiration of the time prescribed in Rule 4(a)(1) or (3) may be ex parte unless the court requires otherwise. If the motion is filed after the expiration of the prescribed time, notice must be given to the other parties in accordance with local rules.

  (C) No extension under this Rule 4(a)(5) may exceed 30 days after the prescribed time or 14 days after the date when the order granting the motion is entered, whichever is later.

  (6) Reopening the Time to File an Appeal.

  The district court may reopen the time to file an appeal for a period of 14 days after the date when its order to reopen is entered, but only if all the following conditions are satisfied:

  (A) the court finds that the moving party did not receive notice under Federal Rule of Civil Procedure 77(d) of the entry of the judgment or order sought to be appealed within 21 days after entry;

  (B) the motion is filed within 180 days after the judgment or order is entered or within 14 days after the moving party receives notice under Federal Rule of Civil Procedure 77(d) of the entry, whichever is earlier; and

  (C) the court finds that no party would be prejudiced.

  (7) Entry Defined.

  (A) A judgment or order is entered for purposes of this Rule 4(a):

  (i) if Federal Rule of Civil Procedure 58(a) does not require a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a); or

  (ii) if Federal Rule of Civil Procedure 58(a) requires a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a) and when the earlier of these events occurs:

  • the judgment or order is set forth on a separate document, or
  • 150 days have run from entry of the judgment or order in the civil docket under Federal Rule of Civil Procedure 79(a).

  (B) A failure to set forth a judgment or order on a separate document when required by Federal Rule of Civil Procedure 58(a) does not affect the validity of an appeal from that judgment or order.

  (b) Appeal in a Criminal Case.

  (1) Time for Filing a Notice of Appeal.

  (A) In a criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of:

  (i) the entry of either the judgment or the order being appealed; or

  (ii) the filing of the government's notice of appeal.

  (B) When the government is entitled to appeal, its notice of appeal must be filed in the district court within 30 days after the later of:

  (i) the entry of the judgment or order being appealed; or

  (ii) the filing of a notice of appeal by any defendant.

  (2) Filing Before Entry of Judgment.

  A notice of appeal filed after the court announces a decision, sentence, or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry.

  (3) Effect of a Motion on a Notice of Appeal.

  (A) If a defendant timely makes any of the following motions under the Federal Rules of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 14 days after the entry of the order disposing of the last such remaining motion, or within 14 days after the entry of the judgment of conviction, whichever period ends later. This provision applies to a timely motion:

  (i) for judgment of acquittal under Rule 29;

  (ii) for a new trial under Rule 33, but if based on newly discovered evidence, only if the motion is made no later than 14 days after the entry of the judgment; or

  (iii) for arrest of judgment under Rule 34.

  (B) A notice of appeal filed after the court announces a decision, sentence, or order—but before it disposes of any of the motions referred to in Rule 4(b)(3)(A)—becomes effective upon the later of the following:

  (i) the entry of the order disposing of the last such remaining motion; or

  (ii) the entry of the judgment of conviction.

  (C) A valid notice of appeal is effective—without amendment—to appeal from an order disposing of any of the motions referred to in Rule 4(b)(3)(A).

  (4) Motion for Extension of Time.

  Upon a finding of excusable neglect or good cause, the district court may—before or after the time has expired, with or without motion and notice—extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b).

  (5) Jurisdiction.

  The filing of a notice of appeal under this Rule 4(b) does not divest a district court of jurisdiction to correct a sentence under Federal Rule of Criminal Procedure 35(a), nor does the filing of a motion under 35(a) affect the validity of a notice of appeal filed before entry of the order disposing of the motion. The filing of a motion under Federal Rule of Criminal Procedure 35(a) does not suspend the time for filing a notice of appeal from a judgment of conviction.

  (6) Entry Defined.

  A judgment or order is entered for purposes of this Rule 4(b) when it is entered on the criminal docket.

  Rule 5. Appeal by Permission

  (a) Petition for Permission to Appeal.

  (1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal. The petition must be filed with the circuit clerk with proof of service on all other parties to the district-court action.

  (2) The petition must be filed within the time specified by the statute or rule authorizing the appeal or, if no such time is specified, within the time provided by Rule 4(a) for filing a notice of appeal.

  (3) If a party cannot petition for appeal unless the district court first enters an order granting permission to do so or stating that the necessary conditions are met, the district court may amend its order, either on its own or in response to a party's motion, to include the required permission or statement. In that event, the time to petition runs from entry of the amended order.

  (b) Contents of the Petition; Answer or Cross-Petition; Oral Argument.

  (1) The petition must include the following:

  (A) the facts necessary to understand the question presented;

  (B) the question itself;

  (C) the relief sought;

  (D) the reasons why the appeal should be allowed and is authorized by a statute or rule; and

  (E) an attached copy of:

  (i) the order, decree, or judgment complained of and any related opinion or memorandum, and

  (ii) any order stating the district court's permission to appeal or finding that the necessary conditions are met.

  (2) A party may file an answer in opposition or a cross-petition within 7 days after the petition is served.

  (3) The petition and answer will be submitted without oral argument unless the court of appeals orders otherwise.

  (c) Form of Papers; Number of Copies.

  All papers must conform to Rule 32(c)(2). Except by the court's permission, a paper must not exceed 20 pages, exclusive of the disclosure statement, the proof of service, and the accompanying documents required by Rule 5(b)(1)(E). An original and 3 copies must be filed unless the court requires a different number by local rule or by order in a particular case.

  (d) Grant of Permission; Fees; Cost Bond; Filing the Record.

  (1) Within 10 days after the entry of the order granting permission to appeal, the appellant must:

  (A) pay the district clerk all required fees; and

  (B) file a cost bond if required under Rule 7.

  (2) A notice of appeal need not be filed. The date when the order granting permission to appeal is entered serves as the date of the notice of appeal for calculating time under these rules.

  (3) The district clerk must notify the circuit clerk once the petitioner has paid the fees. Upon receiving this notice, the circuit clerk must enter the appeal on the docket. The record must be forwarded and filed in accordance with Rules 11 and 12(c).

  TITLE 28 App. > FEDERAL > TITLE > Rule 5

  NOTES:

  Source

  (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)

  Notes of Advisory Committee on Rules—1967

  This rule is derived in the main from Third Circuit Rule 11 (2) , which is similar to the rule governing appeals under 28 U.S.C. §  1292 (b) in a majority of the circuits. The second sentence of subdivision (a) resolves a conflict over the question of whether the district court can amend an order by supplying the statement required by § 1292(b) at any time after entry of the order, with the result that the time fixed by the statute commences to run on the date of entry of the order as amended. Compare Milbert v. Bison Laboratories, 260 F.2d 431 (3d Cir., 1958) with Sperry Rand Corporation v. Bell Telephone Laboratories, 272 F.2d (2d Cir., 1959), Hadjipateras v. Pacifica , S.A. , 290 F.2d 697 (5th Cir., 1961), and Houston Fearless Corporation v. Teter, 313 F.2d 91 (10th Cir., 1962). The view taken by the Second, Fifth and Tenth Circuits seems theoretically and practically sound, and the rule adopts it. Although a majority of the circuits now require the filing of a notice of appeal following the grant of permission to appeal, filing of the notice serves no function other than to provide a time from which the time for transmitting the record and docketing the appeal begins to run.

  Rule 2. Suspension of Rules

  On its own or a party's motion, a court of appeals may—to expedite its decision or for other good cause—suspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26(b). (As amended Apr. 24, 1998, eff. Dec. 1, 1998.)

  Notes

  II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT

  Rule 3. Appeal as of Right—When Taken

  (a) Filing the Notice of Appeal.

  (1) An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4. At the time of filing, the appell