Judicial review procedures

You must file a petition for review within 60 days after the issuance of the final order. This deadline is set by 1980.112(a).

• File your petition in the U.S. Court of Appeals within 60 days of the final order date.
• Missing the 60-day window means your petition is not filed within the time period the rule requires (see 1980.112(a)).

Cited authority: 1980.112(a).

Any person who is "adversely affected or aggrieved" by the final order may file a petition for review. The rule states this eligibility clearly in 1980.112(a).

• "Any person adversely affected or aggrieved" covers parties whose legal interests are harmed by the order.

Cited authority: 1980.112(a).

You may file the petition in the United States Court of Appeals for either the circuit where the alleged violation occurred or the circuit where the complainant resided on the date of the violation. This venue rule is set out in 1980.112(a).

• Choose the circuit based on the location of the alleged violation or the complainant's residence on the date of the violation.

Cited authority: 1980.112(a).

No — a final order is not subject to review in any criminal or other civil proceeding. The rule plainly prohibits review in those forums in 1980.112(b).

• Judicial review is available only by filing a petition in the appropriate Court of Appeals as described in 1980.112(a).

Cited authority: 1980.112(b).

If a timely petition for review is filed, the record of the case — including the ALJ hearing record — will be transmitted to the appropriate Court of Appeals. This is specified in 1980.112(c).

• The record is sent by the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), as applicable.
• Transmission follows the Federal Rules of Appellate Procedure and the local rules of the court receiving the petition.

Cited authority: 1980.112(c).

Yes — a decision issued by the Secretary upon discretionary review is treated as a final order and may be reviewed under the 60-day rule. The text includes these Secretary decisions in the definition of "final order" in 1980.112(a).

• That means a person adversely affected by such a Secretary decision may petition a Court of Appeals within 60 days.

Cited authority: 1980.112(a).

The complainant's residence is determined as of the date of the violation when selecting the circuit for filing the petition. This rule is specified in 1980.112(a).

• Use the complainant's residence on the date of the alleged violation to decide whether the circuit of residence is a proper venue.

Cited authority: 1980.112(a).

Either the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), as appropriate in the case, will transmit the record to the court. This transmission requirement is stated in 1980.112(c).

• Which entity sends the record depends on where the case's proceedings are in the administrative process.
• Transmission must follow the Federal Rules of Appellate Procedure and the court's local rules.

Cited authority: 1980.112(c).

The record must be transmitted pursuant to the Federal Rules of Appellate Procedure and the local rules of the court receiving the petition. This governing procedure is specified in 1980.112(c).

• Check the relevant Federal Rules of Appellate Procedure and the local rules of the chosen Court of Appeals for formatting, filing, and transmission procedures.

Cited authority: 1980.112(c).

The regulation makes clear that judicial review of a final order must proceed in the Court of Appeals and that a final order is not subject to review in criminal or other civil proceedings. See 1980.112(a) and 1980.112(b).

• Do not attempt to bypass the Court of Appeals route by initiating criminal or separate civil proceedings to review the final order, because 1980.112(b) bars such review.

Cited authority: 1980.112(a); 1980.112(b).