Judicial review procedures

Under 1981.112(a), any person "adversely affected or aggrieved" by the final order may file a petition for review in the courts specified by the rule. See 1981.112(a) for the exact language.

Under 1981.112(a), you must file a petition for review within 60 days after the issuance of the final order. See 1981.112(a) for the timing requirement.

Under 1981.112(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. See 1981.112(a) for the venue options.

Under 1981.112(a), a final order of the Secretary is not subject to judicial review in any criminal or other civil proceeding. See 1981.112(a) for that limitation.

Under 1981.112(b), if a timely petition for review is filed, the Board will transmit the record of the case, including the record of proceedings before the administrative law judge, to the appropriate court pursuant to that court's rules. See 1981.112(b).

Under 1981.112(a), yes: a "final order" explicitly includes a decision issued by the Secretary upon his or her discretionary review. See the parenthetical language in 1981.112(a).

Under 1981.112(a), the petitioner may file in either the circuit where the violation allegedly occurred or the circuit where the complainant resided on the date of the violation; both are permissible venues. See 1981.112(a).

Under 1981.112(b), "the record of a case" includes the full case record and explicitly includes the record of proceedings before the administrative law judge. See 1981.112(b) for what is transmitted.

Under 1981.112(a), the regulation requires filing a petition within 60 days after issuance of the final order; failing to file within that 60-day period generally means you will not have timely sought review in the court of appeals. See 1981.112(a).

Under 1981.112(a), yes: any person who is "adversely affected or aggrieved" by the final order may file the petition, so that can include parties other than the original complainant if they meet that description. See 1981.112(a).

Under 1981.112(a), only a "final order" is subject to the 60-day filing rule for judicial review; interim or non-final agency decisions are not covered by this provision. See 1981.112(a).

Under 1981.112(b), the Board is responsible for transmitting the administrative record to the appropriate court, and it does so pursuant to the procedural rules of that court. See 1981.112(b).