Judicial review procedures

You have 60 days to file a petition for review after the issuance of a final order. The 60-day deadline is set out in 1985.112(a).

• File in the United States Court of Appeals within 60 days of the final order date.
• Missing the 60-day window will normally forfeit your right to seek review under this provision; see 1985.112(a).

You may file 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. The two venue options are specified in 1985.112(a).

• Choose the circuit where the violation allegedly occurred or where the complainant lived on the date of the violation.
• You may file in either circuit; strategic considerations (e.g., precedent, local rules) may influence your choice.

No — a final order is not subject to judicial review in any criminal or other civil proceeding. That prohibition is stated in 1985.112(b).

• To obtain judicial review of a final order you must follow the appellate procedure in 1985.112(a).
• The rule in 1985.112(b) prevents collateral attacks in unrelated criminal or civil cases.

If a timely petition for review is filed, the case record (including proceedings before the ALJ) will be transmitted to the appropriate court. The transmission requirement is set out in 1985.112(c).

• The record is sent by the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), as appropriate.
• Transmission follows the Federal Rules of Appellate Procedure and the local rules of the court, per 1985.112(c).

An "any person adversely affected or aggrieved by the order" means a person or party that is directly harmed or has a legal interest adversely affected by the final order and therefore may file for review. The allowance for such parties is stated in 1985.112(a).

• Typical eligible filers include named respondents to the order and other parties with a direct legal interest.
• If you believe the order directly harms your legal rights or obligations, you are likely an aggrieved person under 1985.112(a).

A "final order" is an agency order whose issuance starts the 60-day review clock and includes decisions issued by the Secretary upon discretionary review. This definition and the review timing are described in 1985.112(a).

• Final orders include ALJ orders that have become final and ARB or Secretary decisions when those decisions are the final agency action.
• The 60-day period for filing a petition begins at issuance of that final order, per 1985.112(a).

Either the ARB or the ALJ will transmit the record to the court, depending on which body issued the final order or otherwise handled the case. That allocation is in 1985.112(c).

• If the ARB issued the final decision, the ARB will transmit the record.
• If the ALJ's decision is the record to be reviewed, the ALJ will transmit it, as noted in 1985.112(c).

Yes — you may file your petition in either the circuit where the violation allegedly occurred or the circuit where the complainant resided on the date of the violation. The dual-forum choice is provided in 1985.112(a).

• Pick the forum that best suits your case strategy (for example, precedent or convenience).
• Ensure you file within the 60-day period prescribed in 1985.112(a).

If you file after the 60-day deadline you will generally be barred from judicial review under this provision. The time limit and its consequence are described in 1985.112(a).

• Courts routinely dismiss untimely petitions for review; timely filing is required by 1985.112(a).
• If you believe exceptional circumstances affected timeliness, consult appellate rules and counsel immediately, but the statute provides 60 days as the controlling period.

The record must be transmitted pursuant to the Federal Rules of Appellate Procedure and the local rules of the court. That requirement is stated in 1985.112(c).

• Follow the Federal Rules of Appellate Procedure for formatting and filing the record.
• Also comply with the receiving court's local rules, as required under 1985.112(c).

Yes — the 60-day filing period applies to final orders including decisions issued by the Secretary upon discretionary review. That inclusion is explicit in 1985.112(a).

• If the Secretary exercises discretionary review and issues a final decision, the 60-day clock begins on that issuance date.
• Make sure to count days from the Secretary's final decision when determining the deadline under 1985.112(a).

No — the provision forbids using criminal or other civil proceedings to obtain judicial review of a final order, but it does not by its text address separate court enforcement mechanisms. The prohibition on collateral judicial review is set out in 1985.112(b).

• To challenge an order you must use the appellate route in 1985.112(a).
• For questions about enforcement or collection, consult counsel and the specific enforcement statutes or rules that govern those remedies; 1985.112(b) only addresses review in criminal or civil proceedings.

You can request copies of the case record from the office that handled the proceedings (the ARB or the ALJ), because the record is what will be transmitted to the court under 1985.112(c).

• Contact the clerk or records office of the Administrative Review Board or the Administrative Law Judge who managed the case.
• The record sent to the court follows the procedures in 1985.112(c) and the Federal Rules of Appellate Procedure.

The complainant's residence is determined by where they lived on the date of the violation, not the filing date. The statute specifies the complainant's residence "on the date of the violation" in 1985.112(a).

• Use the complainant's residence as of the date the alleged violation occurred when selecting the forum.
• This helps determine the appropriate circuit under 1985.112(a).