Subpart C
Any person who is "adversely affected or aggrieved" by the final order may file a petition for review. See 1988.112(a) for the exact language.
You have 60 days after the issuance of the final order to file a petition for review. The regulation states this time limit explicitly in 1988.112(a).
File in the United States 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. This requirement appears in 1988.112(a).
No — a final order is not subject to judicial review in any criminal or other civil proceeding. The rule is stated plainly in 1988.112(b).
If a timely petition for review is filed, the case record, including the ALJ proceedings, will be transmitted to the appropriate court. The transmission is done by the ARB or the ALJ, as applicable, and follows the Federal Rules of Appellate Procedure and the local rules of the court, per 1988.112(c).
Yes — a decision issued by the Secretary upon discretionary review is included as a final order for the 60‑day filing period. The regulation explicitly includes such decisions in the definition of a final order in 1988.112(a).
You may file in either the Court of Appeals for the circuit where the violation allegedly occurred or the circuit where the complainant resided on the date of the violation. The two options are provided in 1988.112(a).
The 60‑day period starts on the "issuance of a final order," which the regulation uses as the triggering event for filing a petition for review, as stated in 1988.112(a).
The regulation requires filing in the circuit of the alleged violation or the circuit where the complainant resided on the date of the violation, so start by determining those locations. See 1988.112(a). Also note that if you file a timely petition, the case record will be sent to the court under the Federal Rules of Appellate Procedure and local court rules per 1988.112(c). If still uncertain, consult counsel or the clerk of the relevant Court of Appeals for guidance.
The ARB or the ALJ, as appropriate in the case, transmits the record to the Court of Appeals when a timely petition for review is filed. This process is described in 1988.112(c).
The record is transmitted pursuant to the Federal Rules of Appellate Procedure and the local rules of the court to which the petition is filed, as stated in 1988.112(c).
If judicial review is not available for a final order, the filing procedure in 1988.112(a) does not apply because it only governs petitions filed "for which judicial review is available." In other words, the 60‑day petition right applies only when the regulation allows judicial review.
The regulation allows "any person adversely affected or aggrieved" to file a petition, so multiple affected or aggrieved persons could each file petitions. See 1988.112(a). If multiple petitions are filed, handling of the record and any consolidation is governed by the appellate court's procedures and by the transmission process described in 1988.112(c).
The regulation does not address stays or automatic halting of enforcement when a petition is filed. 1988.112 covers where and when to file and how the record is transmitted, but it does not grant or describe a stay. Questions about stays are addressed by the Court of Appeals' rules and practices and by Federal Rules of Appellate Procedure, not by this provision.