- Use of EFS System
The Board's Electronic Filing and Service (EFS) system allows parties to initiate appeals electronically, file briefs and motions electronically, receive electronic service of Board issuances and documents filed by other parties, and check the status of appeals via an Internet-accessible interface. Use of the EFS system is free of charge to all users. To use the EFS System go to https://efile.dol.gov.
- Attorneys and Lay Representatives: Use of the EFS system is mandatory for all attorneys and lay representatives for all filing and all service related to cases filed with the Board, absent an exemption granted in advance for good cause shown pursuant to 29 C.F.R. § 26.3(a)(1), (2).
- Self-Represented Parties: Use of the EFS system is strongly encouraged for all self-represented parties with respect to all filings with the Board and service upon all other parties. Using the EFS system provides the benefit of built-in service on all other parties to the case. Without the use of EFS, a party is required to not only file its documents with the Board but also to serve copies of all filings on every other party. Using the EFS system saves litigants the time and expense of the required service step in the process, as the system completes all required service automatically. Upon a party's proper use of the EFS system, no duplicate paper or fax filings are required.
- Self-represented parties who choose not to use the EFS system must file all pleadings, including briefs, appendices, motions, and other supporting documentation, by mail or by personal or commercial delivery directed to:
Administrative Review Board
Clerk of the Appellate Boards
U.S. Department of Labor
200 Constitution Avenue, N.W., Room S-5220
Washington, D.C., 20210
The filing party must also serve all other parties to the case by a method of service authorized under applicable law or rule.
- Non-Party Participants: Amici or other non-party participants in a case filed before the Board, if represented by counsel or a lay representative, are required to use the EFS system for all filing and service.
- EFS Registration and Duty to Designate Email Address for Service
To use the Board's EFS system, a user must have a validated user account. To create a validated EFS user account, a user must register and designate a valid email address by going to https://efile.dol.gov, select the button to "Create Account," and proceed through the registration process. If the user already has an account, they may simply use the option to "Sign In."
In order for any other user (other than the EFS user who filed the appeal) to access the appeal, the user must submit an access request. To submit an access request, users must log into the EFS System, select "eFile & eService with the Administrative Review Board," select the button "Request Access to Appeals," search for and select the appeal the user is requesting access to, answer the questions as prompted, and click the button "Submit to DOL."
Information regarding registration for access to and use of the EFS system, including for parties responding to a filed appeal, as well as a step-by-step User Guide, answers to frequently asked questions (FAQs), video tutorials and contact information for login.gov and EFS support can be found under the "Support" tab at https://efile.dol.gov.
- Effective Time of Filings
Any electronic filing transmitted to the Board through the EFS e-File system or via an authorized designated email address by 11:59:59 Eastern Time shall be deemed to be filed on the date of transmission.
- Service of Filings
- Service on Registered EFS Users: Service upon registered EFS users is accomplished by the EFS system.
- Service on Other Parties or Participants: Service upon a party that is not a registered EFS user must be accomplished through any other method of service authorized under applicable rule or law.
- Proof of Service
Every party is required to prepare and file a certificate of service with all filings. The certificate of service must identify what was served, upon whom, and in what manner. Although electronic filing of any document through the EFS system will constitute service of that document on all EFS-registered parties, electronic filing of a certificate of service through the EFS system is still required. Non EFS-registered parties must be served using other means authorized by law or rule.