Judicial review procedures

Any person who is adversely affected or aggrieved by the final order may file a petition for review. See 1979.112(a).

• "Person" can include employers, employees, or other parties who can show they were harmed or aggrieved by the order.
• If you are unsure whether you qualify as "adversely affected or aggrieved," consult counsel promptly because the 60-day filing period applies.

You must file the petition within 60 days after the issuance of the final order. See 1979.112(a).

• The 60-day clock starts on the date the final order is issued (including a Secretary decision after discretionary review).
• Missing this deadline generally forfeits your right to judicial review.

You can file in either the Court of Appeals for the circuit where the alleged violation occurred or the Court of Appeals for the circuit where the complainant resided on the date of the violation. See 1979.112(a).

• Choose the circuit that is most favorable or convenient, but file within 60 days.
• If multiple circuits could apply (e.g., multiple violation locations), you generally may file in any applicable circuit.

No — a final order of the Secretary is not subject to judicial review in any criminal or other civil proceeding. See 1979.112(a).

• This means you cannot bypass the appellate process by raising the administrative final order as part of a separate criminal or civil case.

If a timely petition is filed, the Board will transmit the case record, including the administrative law judge's record, to the appropriate court pursuant to the court's rules. See 1979.112(b).

• Expect the full administrative record to be sent to the court so it can review the agency's decision.
• The timing and format of transmission follow the receiving court's procedures.

Yes — a decision issued by the Secretary upon discretionary review is treated as a final order for purposes of the 60-day filing period. See 1979.112(a).

• The 60-day deadline runs from the date that Secretary-issued decision is issued, just as it does from an ALJ final order.

The 60-day period begins on the date the Secretary issues the final order, including when that final order is a decision issued by the Secretary on discretionary review. See 1979.112(a).

• File your petition within 60 days after that issuance date to preserve judicial review rights.

You may still file in the circuit where the complainant resided on the date of the violation, even if the complainant later moved; alternatively, you may file in the circuit where the violation allegedly occurred. See 1979.112(a).

• The statute specifically anchors residence to the date of the violation, so that historical residence controls that option.

The Board transmits the record of the case, which explicitly includes the record of proceedings before the administrative law judge. See 1979.112(b).

• This generally means the complete administrative file: transcripts, exhibits, pleadings, orders, and the ALJ's decision.

The record is transmitted by the Board to the appropriate court pursuant to the rules of that court. See 1979.112(b).

• You should consult the local rules of the Court of Appeals where you file for any additional filing or format requirements.

The regulation allows filing in either of the listed circuits (where the violation occurred or where the complainant resided on the date of the violation) but does not authorize or address filing duplicate petitions in multiple circuits. See 1979.112(a).

• Best practice: choose the proper single circuit and file there. Filing duplicate petitions risks procedural problems or dismissal under court rules.

If no timely petition for review is filed within 60 days, the opportunity for judicial review is typically lost. See 1979.112(a).

• Because the regulation sets a strict 60-day window, parties should act promptly and consult counsel to preserve appellate rights.

Yes — any person who is adversely affected or aggrieved, including an employer, may file a petition for review of a final order. See 1979.112(a).

• Employers should document how the order affects them and act within the 60-day deadline.

The regulation does not state that filing a petition automatically stays enforcement; it only provides where and when to file for review. See 1979.112(a) and 1979.112(b).

• If you want a stay of the order, you must seek it from the Court of Appeals under that court's rules or obtain relief under other applicable statutes or agency procedures.

No — the regulation tells you where to file and the time limit but leaves filing formats, forms, and fee rules to the Court of Appeals. See 1979.112(b).

• Consult the local rules of the Court of Appeals where you plan to file for precise requirements.

If the alleged violation occurred in multiple circuits, the petitioner may file in any circuit where the violation allegedly occurred, or in the circuit where the complainant resided on the date of the violation. See 1979.112(a).

• Consider strategic factors (convenience, precedent, procedural rules) when choosing among applicable circuits.

If the complainant did not reside in any U.S. circuit on the date of the violation, the option to file in the circuit of residence on that date is not available; you may therefore file in the circuit where the violation allegedly occurred. See 1979.112(a).

• When in doubt about the applicable venue, consult appellate counsel promptly to choose the proper court.

No — 1979.112 allows judicial review only of a final order; it does not authorize review of interlocutory (non-final) administrative orders. See 1979.112(a).

• If you need relief before a final order, seek agency remedies or court relief (such as a stay or injunction) consistent with court rules and procedures.