Judicial review procedures

Any person who is "adversely affected or aggrieved" by the final order may file a petition for review. Under 1982.112(a), this includes parties such as employees, employers, or other persons whose rights or duties are directly affected by the final order.

• The statute uses the broad phrase "any person adversely affected or aggrieved," so you do not need a special label to qualify—what matters is that the order harms your legal interests.
• See the text at 1982.112(a) for the exact language.

You must file a petition for review within 60 days after the issuance of the final order. The 60-day deadline is set out in 1982.112(a).

• File in the appropriate court within this 60-day window—courts commonly dismiss petitions filed late.
• If you think a deadline exception might apply, consult counsel quickly because the regulation itself sets a strict 60-day timeline (1982.112(a)).

You must 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. That venue rule is set out in 1982.112(a).

• You may choose between the two circuits if both are available; pick the circuit most favorable or convenient to your case.
• Make sure to check the local rules for filing in that circuit after selecting venue (1982.112(a)).

No — a final order is not subject to judicial review in any criminal or other civil proceeding. The prohibition is stated directly in 1982.112(b).

• That means you cannot relitigate the final order through separate criminal charges or unrelated civil suits; the prescribed route is the petition for review in the Court of Appeals described in 1982.112(a).

If a timely petition for review is filed, the administrative record (including the ALJ proceedings) will be transmitted to the appropriate court. This transfer process is described in 1982.112(c).

• The record is sent by the ARB or the ALJ, as applicable, and transmission follows the Federal Rules of Appellate Procedure and the local rules of the court (1982.112(c)).
• Ensure you follow the appellate court’s local rules for filing any required briefs or requests after the record is transmitted.

A "final order" includes the ALJ's final decision and also a decision issued by the Secretary upon discretionary review. The regulation explains what counts as a final order in 1982.112(a).

• Only final orders (including Secretary decisions on discretionary review) can be appealed to the Court of Appeals as described in 1982.112(a).
• Interlocutory or non-final administrative orders are not covered by this provision for direct review.

You may file the petition in the Court of Appeals for a circuit where the violation allegedly occurred or in the circuit where the complainant resided on the date of the violation. That venue choice is given in 1982.112(a).

• If multiple circuits are possible because the violation spanned jurisdictions, select one of the qualifying circuits listed in 1982.112(a).
• Consider timing and practical factors (e.g., local rules) when choosing between circuits.

A petition for review must be filed within 60 days, so missing that deadline generally means you forfeit the right to seek review under this provision. The 60-day limit is specified in 1982.112(a).

• Courts commonly dismiss untimely petitions; if you miss the deadline, consult counsel immediately to explore any narrow equitable options, but do not assume relief is available.
• Preserve all filing receipts and dates when you do file, because the 60-day clock is strictly enforced under 1982.112(a).

The record will be transmitted by either the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), depending on the case. That transmission responsibility is stated in 1982.112(c).

• The exact sender (ARB or ALJ) is determined by which entity currently holds or finalized the record at the time the petition is filed.
• Transmission follows the Federal Rules of Appellate Procedure and the local rules of the court (1982.112(c)).

No — only a final order is eligible for judicial review; interim or non-final administrative rulings are not subject to review under this section. The regulation limits review to final orders in 1982.112(a).

• If you have an interlocutory issue, it generally must await the final order before you can seek review under 1982.112(a).

Yes — an employer who is adversely affected or aggrieved by the final order may file a petition for review. That right is granted to "any person adversely affected or aggrieved" under 1982.112(a).

• Employers should act promptly because the 60-day filing period applies equally to them (1982.112(a)).

The transmission of the record to the Court of Appeals follows the Federal Rules of Appellate Procedure and the local rules of the receiving court, as stated in 1982.112(c).

• After filing the petition, consult the Federal Rules of Appellate Procedure and the specific circuit's local rules to understand deadlines and formatting requirements for briefs and the record (1982.112(c)).

Yes — a decision issued by the Secretary upon discretionary review is treated as a final order for purposes of judicial review. The regulation explicitly includes such decisions in 1982.112(a).

• That means if the Secretary exercises discretionary review and issues a decision, the 60-day filing period and venue rules for petitions to the Court of Appeals apply to that decision (1982.112(a)).

The regulation bars seeking judicial review of the final order through criminal or other civil proceedings; it does not eliminate the specified appellate route in the Courts of Appeals. That limitation is stated in 1982.112(b).

• To challenge a final order you must use the petition for review process in the Court of Appeals described in 1982.112(a).
• Trying to relitigate the matter in an unrelated civil or criminal proceeding is expressly prohibited by 1982.112(b).

The transmitting body must follow the Federal Rules of Appellate Procedure and the local rules when sending the record to the Court of Appeals after a timely petition is filed. This requirement appears in 1982.112(c).

• Compliance includes formatting, certifications, and any deadlines the appellate court requires for the record and filings (1982.112(c)).
• Contact the clerk of the chosen Court of Appeals promptly to confirm local procedures after filing the petition.