Judicial review procedures

Judicial review under 2204.408 means a party may ask a court to review a final Occupational Safety and Health Review Commission decision on an award as provided by federal statute. See 2204.408 which states that "judicial review of final decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2)."

• Practical note: This rule points you to the statutory process in 5 U.S.C. 504(c)(2) for how and where to seek review.
• Reference: 2204.408.

Under 2204.408, any party entitled by the controlling statute may seek judicial review of a final decision on an award, following the procedures in 5 U.S.C. 504(c)(2). See 2204.408.

• Practical step: Determine whether you are a party to the Commission proceeding and then consult 5 U.S.C. 504(c)(2) and the relevant court rules to confirm standing and filing requirements.
• Reference: 2204.408.

The regulation directs parties to the statutory procedure in 5 U.S.C. 504(c)(2) for where to file judicial review rather than naming a specific court. See 2204.408.

• Practical step: Read 5 U.S.C. 504(c)(2) or consult counsel to identify the correct court and venue for filing the petition for review.
• Reference: 2204.408.

No—2204.408 does not set specific deadlines itself; it says judicial review may be sought as provided in 5 U.S.C. 504(c)(2), so any filing deadlines come from that statute and applicable court rules. See 2204.408.

• Practical step: Check 5 U.S.C. 504(c)(2) and the local rules of the court where you will file to determine exact deadlines.
• Reference: 2204.408.

Yes—2204.408 expressly provides that judicial review of final decisions on awards may be sought consistent with 5 U.S.C. 504(c)(2), which is the statutory mechanism for court review. See 2204.408.

• Practical step: Follow the filing and procedural requirements in 5 U.S.C. 504(c)(2) and the rules of the court you will use for review.
• Reference: 2204.408.

A "final decision on awards" under 2204.408 refers to the Review Commission's final determination regarding an award (for example, attorney fees or other award-related relief) that is ripe for court review under the governing statute. See 2204.408.

• Practical tip: Confirm that the Commission's decision is final and not subject to further agency action before pursuing judicial review under 5 U.S.C. 504(c)(2).
• Reference: 2204.408.

2204.408 itself does not change the Commission's authority and defers to the statutory procedures in 5 U.S.C. 504(c)(2) and the court’s rules to determine effects like stays or ongoing Commission powers. See 2204.408.

• Practical step: If you need a stay of the Commission's decision while the court reviews the case, request a stay under the statute or from the court and follow procedural requirements.
• Reference: 2204.408.

Under 2204.408, you should prepare to follow the statutory and court requirements in 5 U.S.C. 504(c)(2), including filing a timely petition and providing the court with the Commission's final decision and any necessary record. See 2204.408.

• Helpful checklist: a copy of the Commission’s final decision, a timely petition for review under 5 U.S.C. 504(c)(2), a statement of the issues, and compliance with the court's filing rules.
• Reference: 2204.408.

No—2204.408 does not list or limit arguments; it simply provides that judicial review may be sought consistent with 5 U.S.C. 504(c)(2), so arguments are constrained by that statute and the applicable court procedures. See 2204.408.

• Practical step: Review the Commission record and applicable law, then raise appropriate legal and factual issues in your court filing under the standards set by 5 U.S.C. 504(c)(2) and the court.
• Reference: 2204.408.

Not necessarily—2204.408 says judicial review may be sought under 5 U.S.C. 504(c)(2), but parties may also explore available administrative remedies or settlement before seeking court review. See 2204.408.

• Practical step: Consider administrative reconsideration, settlement, or other Commission procedures first if available; if those are exhausted or not appropriate, pursue judicial review as allowed by 5 U.S.C. 504(c)(2).
• Reference: 2204.408.

You can find the regulation at 2204.408, which states that judicial review of final decisions on awards may be sought as provided in 5 U.S.C. 504(c)(2).

• Practical tip: After reading 2204.408, consult 5 U.S.C. 504(c)(2) for the detailed statutory procedure and timing for seeking judicial review.
• Reference: 2204.408.