Judicial review procedures

You must file a petition for review within 60 days after the issuance of the final order, as required by 1983.112(a).

• File the petition in the appropriate U.S. Court of Appeals before the 60-day deadline to preserve the right to judicial review.
• The 60-day clock starts on the date the final order is issued, including decisions issued by the Secretary upon discretionary review.

Any person who is "adversely affected or aggrieved by the order" may file the petition for review, under 1983.112(a).

• The regulation uses the plain phrase "adversely affected or aggrieved" to identify who may seek review; the petition must come from a party meeting that description.
• The text specifically ties this right to those affected by the final order issued under the procedures.

You may file the petition in the U.S. Court of Appeals either for the circuit where the alleged violation occurred or for the circuit where the complainant resided on the date of the violation, according to 1983.112(a).

• You can choose either of those two circuits; the rule gives both options.
• Make sure to file within the 60-day period specified in the same subsection.

No — a final order issued under these procedures is not subject to judicial review in any criminal or other civil proceeding, per 1983.112(b).

• This means the final order cannot be re-litigated in separate criminal or non-appellate civil actions.
• Judicial review of the final order is limited to the petition-for-review process described in 1983.112(a).

If a timely petition for review is filed, the case record — including the ALJ proceedings — will be transmitted by the ARB or the ALJ to the appropriate court under the Federal Rules of Appellate Procedure and the court's local rules, as stated in 1983.112(c).

• Transmission follows the Federal Rules of Appellate Procedure and the local rules of the court receiving the petition.
• Either the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ) will transmit the record, depending on who issued the record at the administrative level.

Yes — a decision issued by the Secretary upon discretionary review is treated as a final order for purposes of filing a petition for review, as noted in 1983.112(a).

• Such Secretary-issued decisions are included in the 60-day filing window for petitions for review.

You may file the petition in either the circuit where the alleged violation occurred or the circuit where the complainant resided on the date of the violation, under 1983.112(a).

• The regulation provides both forums so a petitioner may choose the circuit that is most appropriate for their situation.
• Remember to file within the 60-day limit.

The record will be transmitted by the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), as appropriate, when a timely petition for review is filed, according to 1983.112(c).

• Which body transmits the record depends on where the record currently resides (ARB or ALJ).
• Transmission must comply with the Federal Rules of Appellate Procedure and the receiving court's local rules.

The record must be transmitted pursuant to the Federal Rules of Appellate Procedure and the local rules of the court receiving the petition, per 1983.112(c).

• Check the applicable Federal Rules of Appellate Procedure for requirements on record transmission and format.
• Also check the local rules of the specific U.S. Court of Appeals for any additional procedural requirements.

Yes — judicial review of a final order under this part is available by filing a petition for review in the U.S. Court of Appeals as described in 1983.112(a).

• The regulation specifies the U.S. Court of Appeals for the appropriate circuit as the forum for petitions for review.
• Other types of proceedings (criminal or civil) are explicitly excluded from reviewing final orders under 1983.112(b).

The phrase refers to any person who is negatively impacted by the final order and therefore has standing to file the petition for review under 1983.112(a).

• The regulation itself uses that exact language to define who may petition for review; the petitioner must meet that condition.
• If you believe the final order harms you or your interests, that is the category of persons authorized to seek review.

Filing a timely petition triggers the transmission of the case record to the appropriate court by the ARB or ALJ, as required by 1983.112(c).

• Without a timely petition, the administrative record is not transmitted for appellate review under this provision.
• The rule ties the right to appellate review directly to meeting the procedural filing deadline.