Judicial review procedures

Under 1991.112(a), you have 60 days to file a petition for review after the final order is issued. The rule states a petition must be filed "within 60 days after the issuance of a final order" and applies whether the final order is an ALJ order or a decision issued by the Secretary upon discretionary review (1991.112(a)).

• File in the appropriate U.S. Court of Appeals within that 60-day window to preserve your right to appellate review.

Under 1991.112(a), you should file the petition in the United States Court of Appeals either for the circuit in which the alleged violation occurred or for the circuit in which the complainant resided on the date of the violation. The regulation explicitly permits filing in either of those circuits (1991.112(a)).

• Choose the circuit that best fits your case facts and strategy, but be sure to file within the 60-day deadline.

Under 1991.112(a), any person "adversely affected or aggrieved" by the final order may file a petition for review. The regulation states that such a person may seek review in the appropriate Court of Appeals within the 60-day period (1991.112(a)).

• "Any person adversely affected or aggrieved" generally includes parties to the administrative proceeding who are directly harmed by the order.

Under 1991.112(a), yes—a decision issued by the Secretary upon discretionary review is treated as a final order for purposes of the 60-day filing period. The regulation expressly includes such Secretary decisions in the scope of final orders subject to judicial review (1991.112(a)).

• The 60-day clock runs from the issuance date of that Secretary decision.

Under 1991.112(b), no—a final order is not subject to judicial review in any criminal or other civil proceeding. The regulation prohibits using the administrative final order as the basis for review in those types of proceedings (1991.112(b)).

• Judicial review of the final order should proceed in the Court of Appeals under 1991.112(a), not in criminal or unrelated civil forums.

Under 1991.112(c), if you file a timely petition for review, the administrative record—including the record of proceedings before the ALJ—will be transmitted to the appropriate court by the ARB or the ALJ. The transmission is done pursuant to the Federal Rules of Appellate Procedure and the local rules of the court (1991.112(c)).

• Expect the record to include transcripts, exhibits, and the administrative decisions necessary for appellate review.

Under 1991.112(c), the record will be transmitted by either the Administrative Review Board (ARB) or the Administrative Law Judge (ALJ), as appropriate for the case. The regulation directs the ARB or ALJ to forward the record pursuant to the Federal Rules of Appellate Procedure and local court rules (1991.112(c)).

• The specific sender (ARB or ALJ) depends on which body issued the final order and how the case progressed administratively.

Under 1991.112(a), the relevant date for determining the complainant's residence is the date of the violation. The regulation allows filing in the circuit where the complainant "resided on the date of the violation" (1991.112(a)).

• Use the complainant's residence on the violation date, not the residence at the time of filing.

Under 1991.112(a), you may file in the United States Court of Appeals for any circuit where the violation allegedly occurred or in the circuit where the complainant resided on the date of the violation. If the alleged violation occurred in multiple circuits, that gives you the option to file in any of those circuits, subject to strategic or procedural considerations (1991.112(a)).

• Selecting a circuit where the violation occurred or the complainant resided can affect venue and procedural rules, so choose carefully and file within 60 days.

Under 1991.112(a), the 60-day period begins on the date the final order is issued. The regulation states the petition must be filed "within 60 days after the issuance of a final order" (1991.112(a)).

• Confirm the issuance date on the final order to accurately calculate your filing deadline.

Under 1991.112(c), yes—the record transmitted to the court will include the record of proceedings before the ALJ. The regulation explicitly states that the case record, including the ALJ proceedings, will be sent to the appropriate court when a timely petition is filed (1991.112(c)).

• Expect transcripts, exhibits, and any written submissions from the ALJ phase to be part of that record.

Under 1991.112(a), no—you must file the petition for review in the United States Court of Appeals for the appropriate circuit, not a U.S. district court. The regulation specifies the Court of Appeals as the forum for reviewing final orders (1991.112(a)).

• Proceed to the Court of Appeals that corresponds to the circuit where the violation occurred or where the complainant resided on the date of the violation.