The Office of Compliance’s Notice of Proposed Rulemaking (“NPR”) regarding the above was published in the Congressional Record on September 9, 2014 (H7372-H7385; S5447-S5460), In accordance with the NPR, comments are to be submitted by October 9, 2014.
The U.S. Capitol Police Labor Committee offers the following comments and observations regarding the proposed NPR. The Office of Compliance’s attempts to streamline its complaint and hearing processes are admirable, but open those processes to abuse, and risk subjecting complaining employees to unreasonable delay tactics.
Specifically, the changes proposed to Section 1.05(c), permit the parties to engage in “reasonable prehearing discovery,” without defining what types of discovery are reasonable, or the volume of discovery that is appropriate, given the limited time between the filing of a Complaint and any hearing. The previous language, permitting discovery only as authorized by the Hearing Officer was more equitable because the Hearing Officer had greater control over the proceedings, and better ability to prevent discovery abuses, or either party’s use of delay tactics. Additionally, application of the Federal Rules of Civil Procedure to the types and volume of discovery may be helpful to the parties’ understanding of the process.
Learn more and continue to read by downloading the following document(s).
Home Rules & Regulations Procedural Rules
Labor Committee USCP Procedural Rules Comments
Dear Ms. Sapin:
The Office of Compliance’s Notice of Proposed Rulemaking (“NPR”) regarding the above was published in the Congressional Record on September 9, 2014 (H7372-H7385; S5447-S5460), In accordance with the NPR, comments are to be submitted by October 9, 2014.
The U.S. Capitol Police Labor Committee offers the following comments and observations regarding the proposed NPR. The Office of Compliance’s attempts to streamline its complaint and hearing processes are admirable, but open those processes to abuse, and risk subjecting complaining employees to unreasonable delay tactics.
Specifically, the changes proposed to Section 1.05(c), permit the parties to engage in “reasonable prehearing discovery,” without defining what types of discovery are reasonable, or the volume of discovery that is appropriate, given the limited time between the filing of a Complaint and any hearing. The previous language, permitting discovery only as authorized by the Hearing Officer was more equitable because the Hearing Officer had greater control over the proceedings, and better ability to prevent discovery abuses, or either party’s use of delay tactics. Additionally, application of the Federal Rules of Civil Procedure to the types and volume of discovery may be helpful to the parties’ understanding of the process.
Learn more and continue to read by downloading the following document(s).
U.S. Capitol Police Labor Committee: Notice of Proposed Rulemaking Regaring OOC Procedural Rules - October 9, 2014
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CATEGORIES: Comments Procedural Rules
TAGS: Notice of Proposed Rulemaking (NPRM)
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