Judicial review procedures

Any person who is "adversely affected or aggrieved" by a final order may file a petition for review, and they must file it in a 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. See 1986.112(a).

• File in the court of appeals for the circuit where the violation allegedly occurred, or
• File in the court of appeals for the circuit where the complainant lived on the date of the violation.

(Also see Part 1986 general provisions for context.)

You must file the petition within 60 days after the issuance of the final order. See 1986.112(a).

• The 60-day clock starts on the date the final order is issued, including a decision issued by the Secretary upon discretionary review.
• Missing this deadline can forfeit your right to seek review in the court of appeals.

Yes. A decision issued by the Secretary upon his or her discretionary review is treated as a final order for purposes of the 60‑day petition period. See 1986.112(a).

• That means the 60 days to file in the court of appeals runs from the date that Secretary-issued decision is issued.

No. A final order under this part is not subject to judicial review in any criminal or other civil proceeding. See 1986.112(b).

• This provision limits the availability of judicial review to the procedures set out in this part and related appellate rules.

If a timely petition for review is filed, the administrative record — including proceedings before the ALJ — will be transmitted to the appropriate court of appeals. See 1986.112(c).

• Transmission is done pursuant to the Federal Rules of Appellate Procedure and the local rules of the court to which the petition is filed.
• Expect the record to include the ALJ hearing transcripts, exhibits, and the Administrative Review Board (ARB) materials, when applicable.

The Administrative Review Board (ARB), or the Administrative Law Judge (ALJ) as appropriate, will transmit the case record to the court of appeals once a timely petition is filed. See 1986.112(c).

• Which entity transmits the record depends on where the case is in the administrative process at the time of the petition.

Transmission of the record is governed by the Federal Rules of Appellate Procedure and the local rules of the court of appeals involved. See 1986.112(c).

• Comply with the FRAP and local rules for filing briefs, appendices, and any required copies once the record is transmitted.

Yes. Any person "adversely affected or aggrieved" by the final order may file the petition; that does not have to be the original complainant. See 1986.112(a).

• Examples include employers, third parties, or other individuals who can show they are adversely affected by the order.

The regulation requires filing in the court of appeals for the circuit where the violation occurred or where the complainant resided on the date of the violation; filing in a different circuit risks dismissal or transfer under appellate rules. See 1986.112(a) and 1986.112(c).

• If you file in the wrong circuit, the court will apply the Federal Rules of Appellate Procedure and its local rules to decide whether to transfer or dismiss the petition.

Start by confirming the final order date and file within 60 days in the correct court of appeals; then prepare to follow the Federal Rules of Appellate Procedure once the record is transmitted. See 1986.112(a) and 1986.112(c).

Helpful checklist:

• Verify the order is final and note its issuance date (60‑day deadline applies).
• Determine the correct circuit (where violation occurred or where complainant resided on the date of violation).
• Prepare your petition papers consistent with the court of appeals’ filing rules.
• Be ready to work with the ARB or ALJ regarding the transmission of the administrative record once the petition is filed.

Missing the 60‑day deadline generally forfeits the right to seek judicial review of the final order. See 1986.112(a).

• Courts typically enforce statutory filing deadlines strictly; if the petition is untimely, the court of appeals will usually dismiss the case under its procedural rules.