Judicial review procedures

You have 60 days to file a petition for review after the issuance of a final order. This is set forth in 1989.112(a).

• The 60-day deadline applies to any final order for which judicial review is available, including a decision issued by the Secretary on discretionary review.
• Missing the 60-day deadline generally risks losing the right to seek review, so plan filings promptly. See 1989.112(a).

You can 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. This rule appears in 1989.112(a).

• Choose the circuit based on either the location of the alleged violation or the complainant’s residence on the date of the violation.
• The regulation allows either option; it does not require filing in both places. See 1989.112(a).

Any person who is adversely affected or aggrieved by the final order may file a petition for review. This eligibility is stated in 1989.112(a).

• "Any person adversely affected or aggrieved" can include respondents, complainants, or other parties whose legal interests are harmed by the order.
• If you believe the order has harmed your rights or obligations, you meet the regulation’s threshold for filing. See 1989.112(a).

Yes; a decision issued by the Secretary upon discretionary review is treated as a final order for judicial review purposes. The regulation explicitly includes such decisions in 1989.112(a).

• That means the 60-day time to file a petition for review applies to Secretary-issued decisions on discretionary review, just like other final orders. See 1989.112(a).

No; a final order is not subject to judicial review in any criminal or other civil proceeding. That prohibition is stated in 1989.112(b).

• This means you cannot use a separate criminal or civil case to obtain review of the final order; judicial review is through the appellate process described in 1989.112(a).
• If you seek review, use the Court of Appeals route within the time and venues allowed. See 1989.112(b).

If you file a timely petition, the record of the case—including the ALJ proceedings—will be transmitted by the Administrative Review Board (ARB) or the ALJ, as appropriate, to the court under the Federal Rules of Appellate Procedure and the court’s local rules. This is explained in 1989.112(c).

• Transmission follows the Federal Rules of Appellate Procedure and the specific local rules of the court where the petition is filed.
• The party filing the petition should confirm the applicable local rules and any required formats or filings so the record is properly transmitted. See 1989.112(c).

The regulation states that the record of the case, including the record of proceedings before the ALJ, will be transmitted to the court; this indicates the administrative record is sent in full. See 1989.112(c).

• Transmission follows the Federal Rules of Appellate Procedure and local court rules, which typically guide the exact contents and format.
• Parties should prepare the full administrative record and follow court rules for its filing and certification. See 1989.112(c).

The complainant’s residence that matters is their residence on the date of the violation, not where they live at the time of filing. This rule is specified in 1989.112(a).

• Use the complainant’s address as of the date the alleged violation occurred when deciding the proper circuit for filing.
• Keep documentation showing the complainant’s residence on that date in case the court requires proof. See 1989.112(a).

Yes; an employer or company may file a petition if it is an "adversely affected or aggrieved" person under the regulation. This eligibility is stated in 1989.112(a).

• The regulation uses broad language—"any person adversely affected or aggrieved"—which covers organizations as well as individuals.
• Confirm which circuit is appropriate for filing (location of the violation or complainant’s residence on the date of violation) per 1989.112(a).

It means you cannot seek review of the final administrative order by raising it as an issue in a separate criminal prosecution or unrelated civil lawsuit; review must follow the appellate path described in the regulation. See 1989.112(b) and 1989.112(a).

• The appropriate route for challenging the final order is filing a petition for review in the Court of Appeals within 60 days, not pursuing separate civil or criminal litigation to obtain review.
• This provision preserves the exclusive administrative-to-appellate review channel. See 1989.112(b).

The regulation allows filing in either the circuit where the violation allegedly occurred or where the complainant resided on the date of the violation, but it does not authorize multiple petitions in different circuits for the same final order. See 1989.112(a).

• Practically, only one proper circuit should hear the petition based on the factors stated; filing duplicate petitions risks procedural issues such as transfer or dismissal under appellate rules.
• Parties should coordinate to choose the appropriate venue and comply with the 60-day deadline. See 1989.112(a).

If a timely petition is filed after an ARB final order, the ARB will transmit the case record to the appropriate court as described in 1989.112(c).

• The regulation specifies transmission by the ARB or the ALJ "as the case may be," so the ARB transmits when it issued the final order.
• Transmission follows the Federal Rules of Appellate Procedure and the local rules of the court receiving the petition. See 1989.112(c).

The record must be transmitted pursuant to the Federal Rules of Appellate Procedure and the local rules of the court where the petition is filed, as stated in 1989.112(c).

• That means you must follow both the national appellate rules and any specific formatting, filing, or certification requirements of the chosen Court of Appeals.
• Check the applicable Federal Rules of Appellate Procedure and the local rules of the circuit to ensure proper transmission. See 1989.112(c).

A final order for judicial review includes any final order for which judicial review is available and explicitly includes a decision issued by the Secretary upon discretionary review. This definition is provided in 1989.112(a).

• In practice, a final order is the agency’s concluding decision resolving the matter and triggering the 60-day appeal clock.
• If you are unsure whether a specific agency document is a final order, treat the Secretary’s decisions and ARB final determinations as final under the regulation. See 1989.112(a).