Judicial review procedures

Any person who is "adversely affected or aggrieved" by a final order may file a petition for review. Under 1978.112(a), that can include employees, employers, or other parties whose legal rights or interests are harmed by the order.

• File in the U.S. Court of Appeals for the circuit where the alleged violation occurred or where the person resided on the date of the violation. See 1978.112(a).

You must file the petition within 60 days after the issuance of the final order. The regulation plainly states the 60‑day filing period in 1978.112(a).

• The 60‑day clock starts on the date the final order is issued, including a decision issued by the Secretary on discretionary review. See 1978.112(a).

File your petition in the United States Court of Appeals either for the circuit where the alleged violation occurred or for the circuit where you resided on the date of the violation. That rule is set out in 1978.112(a).

• Choose the circuit based on location of the violation or your residence on the violation date. See 1978.112(a).

Yes — a decision issued by the Secretary upon discretionary review is considered a final order for purposes of filing for judicial review. The regulation explicitly includes such Secretary decisions in the definition of final order in 1978.112(a).

• That means the 60‑day filing clock starts from the Secretary's decision when discretionary review occurs. See 1978.112(a).

No — a final order is not subject to judicial review in any criminal or other civil proceeding. The regulation states this prohibition clearly in 1978.112(b).

• If you seek review, you must file the petition in the appropriate U.S. Court of Appeals as described in 1978.112(a).

If a timely petition for review is filed, the record of the case — including the ALJ proceedings — will be transmitted to the appropriate court. 1978.112(c) requires transmission of the record by the ARB or the ALJ, as applicable.

• The transmitted materials are the official record the Court of Appeals will use for review. See 1978.112(c).

The Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), as appropriate, is responsible for transmitting the record to the court. This is specified in 1978.112(c).

• Which office transmits the record depends on where the decision originated; the regulation states it will be sent by the ARB or the ALJ, “as the case may be.” See 1978.112(c).

Transmission of the record is governed by the Federal Rules of Appellate Procedure and the local rules of the court. 1978.112(c) directs that the record be transmitted pursuant to those rules.

• Follow the Federal Rules of Appellate Procedure and the local rules of the specific Court of Appeals when preparing or requesting transmission of the record. See 1978.112(c).

A petitioner may choose the Court of Appeals either for the circuit where the alleged violation occurred or for the circuit in which the petitioner resided on the date of the violation. That choice is provided in 1978.112(a).

• Select the circuit carefully because venue determines which court will review the final order. See 1978.112(a).

Practically, "person adversely affected or aggrieved" means anyone whose legal rights or interests are harmed by the final order may seek review. 1978.112(a) uses that standard to identify eligible petitioners.

• Common examples include the employee who alleged retaliation, the employer against whom an order is entered, or other parties with a direct legal stake in the order. See 1978.112(a).

Missing the 60‑day deadline generally bars filing a petition for review under 1978.112(a), because the regulation sets that strict filing period.

• If you missed the deadline, promptly consult the Federal Rules of Appellate Procedure and an attorney about whether any narrow equitable relief or other extraordinary remedies might apply in your situation; the regulation itself sets the 60‑day limit. See 1978.112(a).

No — filing a timely petition does not change the source or basic contents of the record; the record (including the ALJ proceedings) will be transmitted by the ARB or the ALJ to the court as required. That process is set out in 1978.112(c).

• The Court of Appeals reviews the case on the record as transmitted under the Federal Rules of Appellate Procedure and local court rules. See 1978.112(c).