Judicial review procedures

Under 1987.112(a), any person who is adversely affected or aggrieved by the final order may file a petition for review.

• This means you must show you were harmed or disadvantaged by the order to have standing to petition the court.
• See the requirement in 1987.112(a).

Under 1987.112(a), you must file the petition within 60 days after the issuance of the final order.

• The 60-day countdown starts on the date the final order is issued, including a decision issued by the Secretary on discretionary review.
• Missing this 60-day window will generally forfeit your ability to seek appellate review under that provision.

Under 1987.112(a), a petition for review may be filed in the United States Court of Appeals for the circuit where the violation allegedly occurred or for the circuit where the complainant resided on the date of the violation.

• You can choose either circuit described in the regulation.
• Make sure to file within the 60-day period required by 1987.112(a).

Yes — under 1987.112(a), a "final order" includes a decision issued by the Secretary upon his or her discretionary review.

• That means when the Secretary issues a discretionary decision making the order final, the 60-day clock for appellate review begins from that issuance.

Under 1987.112(b), a final order is not subject to judicial review in any criminal or other civil proceeding.

• This provision bars using criminal or unrelated civil cases as a route to challenge the final order; the proper path is the petition for review described in 1987.112(a).

Under 1987.112(c), if a timely petition for review is filed, the record of the case—including the record of proceedings before the Administrative Law Judge—will be transmitted by the ARB or the ALJ to the appropriate court.

• Transmission follows the Federal Rules of Appellate Procedure and the local rules of the Court of Appeals.
• Either the ARB or the ALJ transmits the record "as the case may be," depending on which body has possession of the case record at that time.

Under 1987.112(a), if you miss the 60-day deadline, you generally lose the statutory right to file a petition for review in the Court of Appeals under this provision.

• Missing the deadline typically means the court will dismiss the appeal as untimely unless a very narrow, court-recognized exception applies (e.g., extraordinary equitable relief), which is not provided by this regulation.
• Consult counsel promptly because time limits are strict and court rules may have limited relief options.

No — under 1987.112(a), only a person who is "adversely affected or aggrieved" by the final order may file a petition for review.

• Third parties without direct adverse effect on their rights or interests lack standing to file under this provision.

Yes — under 1987.112(a), you may file in the Court of Appeals for either the circuit where the violation allegedly occurred or the circuit where the complainant resided on the date of the violation.

• This gives the petitioner two venue options; choose the one that is most favorable or convenient.
• Remember to file within the 60-day period required by 1987.112(a).

Under 1987.112(a), the proper forum for judicial review is the United States Court of Appeals, not a federal district court.

• File a petition in the Court of Appeals for the circuit where the violation occurred or where the complainant resided on the date of the violation.

Under 1987.112(c), either the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ) will transmit the case record to the appropriate Court of Appeals, as applicable.

• The transmission follows the Federal Rules of Appellate Procedure and the local rules of the court receiving the record.
• Which body transmits the record depends on which body last handled the case record ("as the case may be").