Judicial review procedures

You must file a petition for review within 60 days after the issuance of the final order. See 1984.112(a) for the 60-day filing period.

Any person who is adversely affected or aggrieved by the final order may file a petition for review. The rule explicitly states that "any person adversely affected or aggrieved by the order may file a petition for review" within the applicable time frame; see 1984.112(a).

You may file a petition in either the United States Court of Appeals for the circuit where the alleged violation occurred or in the circuit where the complainant resided on the date of the violation. See 1984.112(a) for the two venue options.

Yes — a decision issued by the Secretary upon discretionary review is treated as a final order for purposes of filing a petition for review. The regulation explicitly includes such Secretary decisions in the definition of a final order; see 1984.112(a).

The 60-day period begins on the date the final order is issued. The text states "Within 60 days after the issuance of a final order ... any person ... may file a petition for review," so the clock starts on issuance of that final order; see 1984.112(a).

No — a final order under this part is not subject to judicial review in any criminal or other civil proceeding. The regulation plainly states that a final order "is not subject to judicial review in any criminal or other civil proceeding"; see 1984.112(b).

If a timely petition for review is filed, the case record — including the record of proceedings before the Administrative Law Judge (ALJ) — will be transmitted to the appropriate court. The regulation requires transmission of the record by the ARB or the ALJ to the court pursuant to the Federal Rules of Appellate Procedure and the court's local rules; see 1984.112(c).

The record will be transmitted by either the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), as appropriate for the case. The regulation states the record "will be transmitted by the ARB or the ALJ, as the case may be," to the appropriate court; see 1984.112(c).

Yes — the record must be transmitted to the court pursuant to the Federal Rules of Appellate Procedure and the local rules of the court. The regulation specifies transmission "pursuant to the Federal Rules of Appellate Procedure and the local rules of such court"; see 1984.112(c).

Yes — the petitioner may choose to file in the circuit where the complainant resided on the date of the violation even if the alleged violation occurred in a different circuit. The rule permits filing in either the circuit where the violation allegedly occurred or the circuit where the complainant resided on the date of the violation; see 1984.112(a).

The regulation itself simply requires filing "within 60 days" and does not provide for an extension of that 60-day period. Because the text sets the 60-day filing window without an extension mechanism, a petitioner should assume the deadline is firm and consult the rules of the appropriate court for any extraordinary relief; see 1984.112(a).

Yes — any person who is "adversely affected or aggrieved" by the final order may file a petition, so that can include employers or other third parties if they meet that description. The regulation uses the broad phrase "any person adversely affected or aggrieved by the order may file a petition for review"; see 1984.112(a).