2026-16108Proposed Rule

GAO Board Zaps Paper: E-Filings and Forms for Appeals Overhaul

Published Date: 8/7/2026

Proposed Rule

Summary

The Government Accountability Office Personnel Appeals Board (PAB or Board) proposes several significant changes to its existing regulations to streamline and modernize case processing before the Board. The Board is codifying a process to submit pleadings and to execute service of process through electronic means. The Board will also begin requiring the submission of a petition form to ensure the Board is appraised of the crucial case-related information at the beginning of the case. The Board is also eliminating the automatic commencement of discovery upon the issuance of notice of petition to allow the Administrative Judge to tailor the process on a case-by-case basis. The Board is also beginning implementation of local rules for practice to aid pro se parties and legal practitioners who are unfamiliar with PAB processes. The local rules and petition form are available for viewing on the PAB website at www.pab.gao.gov. The Board is also proposing removal of Sec. Sec. 28.46-28.50 relating to subpoenas issued by the Board. The Board has also clarified language related to issuing of stays of personnel actions. The Board has also clarified the class certification process. The General Accounting Office Personnel Act of 1980 provides authority to make these changes.

Analyzed Economic Effects

10 provisions identified: 8 benefits, 1 costs, 1 mixed.

Discovery no longer starts automatically

The Board is removing the automatic commencement of discovery upon issuance of notice of petition. Instead, the Administrative Judge will notify parties of the right to seek discovery and may limit the quantity and timing of discovery; discovery may include interrogatories, depositions, requests for admissions, stipulations, or production of documents.

Subpoena rules removed from the regulations

Sections 28.46 through 28.50 (the Board's subpoena provisions) are deleted from the regulations, and references to requesting subpoenas via Sec. 28.46 are removed.

Changes to stay procedures and timing

An initial stay may be requested and may last up to 30 days. The assigned Board member must rule on the initial request before the effective date of the proposed personnel action but not more than three (3) business days after the request. Additional stay requests and extensions follow clarified timelines (requests for additional stays must be filed at least 10 days before expiration of a stay and GAO responses at least 3 days before expiration), and any stay may be extended sua sponte for up to 30 days.

Class petition rules and tolling of individual deadlines

The Board sets out requirements for non‑EEO class petitions (e.g., scope of claims, typicality of representatives) and provides that when a class petition is filed the deadline to file individual petitions is tolled for claims covered by the class petition. If the judge denies class certification, affected individuals may file individual petitions within 30 days of the denial. The Clerk will publish notices of pending class certification upon receipt of a class petition.

Electronic filing and service required

If you are a GAO employee or a party bringing a case before the Personnel Appeals Board (PAB), the Board generally requires filings to be made electronically and will treat the email on the official service list as the party's registered email address for the case. The rule allows exceptions for good cause, requires mailed petitions to include a statement showing good cause for not filing electronically, and the Board may still serve documents by traditional mail at its discretion.

Official email becomes service address

The Board will use the email address listed on the official Service List as a party's registered email address for the duration of the case unless changed under the Board's local rules. Service will be by email unless an administrative judge permits mail for good cause.

Electronic signature and timestamp rules

Electronic filings may be signed by a secure electronic signature, by typing "/s/" plus a typed name, or by a scanned pen-and-ink signature. Electronic submissions are time-stamped in Eastern Time and the Board will compute a day to end at 11:59 p.m. Eastern Time unless an Administrative Judge changes the applicable time zone.

Required petition form and Local Rules posted online

Petitions must conform to the specifications and instructions in the PAB Local Rules, which are posted on the PAB website (https://www.pab.gao.gov). The petition must include required information such as a designation of representative and signatures, and the Local Rules set out formatting and organization requirements for pleadings, briefs, and exhibits.

Extended filing windows for certain charges

The Board extends certain filing deadlines from 30 days to 45 days: Sec. 28.11(b)(1) and (b)(2) are changed from "30 days" to "45 days," and charges relating to continuing violations must be filed within 45 days of at least one act or incident contributing to the continuing violation.

Formatting and length moved to Local Rules

Page limits, formatting, and brief-length rules (previous numeric page limits and spacing requirements) are replaced by requirements in the Board's Local Rules; the Board or an administrative judge may permit deviations for good cause.

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Key Dates

Published Date
Comments Due
8/7/2026
9/8/2026

Department and Agencies

Department
Independent Agency
Agency
Government Accountability Office
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