Finality for judicial review

Only a final decision issued by the Secretary under 1955.44 is considered final agency action for purposes of judicial review. See 1955.46 which states that an administrative law judge's decision that becomes final for lack of appeal does not qualify as final agency action under 5 U.S.C. 704.

No — an ALJ decision that becomes final because no one appealed it does not count as final agency action under 5 U.S.C. 704. 1955.46 explicitly distinguishes the Secretary's decision under 1955.44 as the only action deemed final for judicial review.

A party obtains final agency action eligible for judicial review only when the Secretary issues a final decision under 1955.44. 1955.46 makes clear that only that Secretary-issued decision is treated as final for purposes of 5 U.S.C. 704.

No — a party generally cannot obtain judicial review under 5 U.S.C. 704 until there is a final decision by the Secretary under 1955.44. 1955.46 states that ALJ decisions that become final for lack of appeal are not treated as final agency action for judicial-review purposes.

It means the Secretary must issue a conclusive ruling following the procedures and any internal review described in 1955.44; only that Secretary-issued ruling is treated as final for judicial review. 1955.46 distinguishes that Secretary action from an ALJ decision that becomes final for lack of appeal.

Yes — an ALJ decision that becomes final for lack of appeal may have binding administrative effect within the agency or between the parties, but it is not a final agency action for purposes of judicial review under 5 U.S.C. 704. 1955.46 makes the distinction between administrative finality and final agency action eligible for court review.

You must wait until the Secretary issues a final decision under 1955.44 before seeking judicial review under 5 U.S.C. 704. 1955.46 prevents an ALJ decision that merely becomes final by lack of appeal from being treated as a basis for immediate court review.

Yes — if the Secretary issues a decision under 1955.44 that adopts the ALJ's findings, that Secretary decision is a final agency action for judicial review. 1955.46 makes clear that the Secretary's decision (not the ALJ's unreviewed decision) is what counts as final for 5 U.S.C. 704 purposes.

They should seek or await the Secretary's final decision under 1955.44, because only that Secretary-issued decision will be treated as final for purposes of judicial review under 5 U.S.C. 704. 1955.46 explicitly requires Secretary action to create reviewable finality.

Judicial-review rights under 5 U.S.C. 704 are not triggered while the matter is remanded; you must wait for the Secretary to issue a final decision under 1955.44. 1955.46 makes clear that only the Secretary's final action counts as final agency action for court review.

No — this part specifies that only the Secretary's decision under 1955.44 is treated as final agency action for judicial review; an ALJ decision that becomes final for lack of appeal is not sufficient under 5 U.S.C. 704. See 1955.46.