In the event the Federal Government shuts down when current appropriations lapse at midnight tonight, Monday, September 30, 2013, the U.S. Merit Systems Protection Board (MSPB or Board) will cease all operations. This means that the processing of all appeals and other pleadings will be suspended, regardless of whether such matters are pending in a Regional or Field Office, before the full Board in Washington, DC, or before an administrative law judge. No staff will be available in any MSPB office to answer inquiries during the entirety of a shutdown. MSPB’s e-Appeal Online system also will not be available.
MSPB understands that this situation will require adjusting certain deadlines and other processing requirements in many appeals. Therefore, MSPB is announcing that, should the Federal Government shut down, all filing and processing deadlines will be extended by the number of days the Federal Government is shut down. This extension applies to all deadlines before the MSPB, including those at the initial appeal and petition for review levels. The extension will be automatic, so parties will not be required to request an extension nor will they be required to show good cause for an extension. This automatic extension does not apply, however, to any deadlines that passed before the date of the shutdown.
Further, any hearings, status conferences, or other matters scheduled with an administrative judge for a day when the Federal Government is shut down will be postponed. Once the Federal Government reopens, the administrative judge will reschedule the event postponed by the shutdown. As indicated above, administrative judges will not be available to answer questions or to address inquiries from the parties while the Federal Government is shut down.
If you have any questions about this policy, please contact the Office of the Clerk of the Board or the appropriate MSPB Regional or Field Office before or after the shutdown. Telephone and e-mail addresses are located on the Contact tab of MSPB’s website (www.mspb.gov).
