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Content Last Revised: 8/10/2007 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Labor |
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| Office of the Secretary of Labor |
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| Procedures for the Handling of Discrimination Complaints Under Federal Employee Protection Statutes |
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| Miscellaneous Provisions |
29 CFR 24.112 - Judicial review.
- Section Number: 24.112
- Section Name: Judicial review.
(a) Except as provided under paragraphs (b), (c), and (d) of this
section, within 60 days after the issuance by the Board of a final
order of the Secretary under Sec. 24.110, any person adversely
affected or aggrieved by the order may file a petition for review of
the order in the United States Court of Appeals for the circuit in
which the violation allegedly occurred or the circuit in which the
complainant resided on the date of the violation. A final order of the
Board is not subject to judicial review in any criminal or other civil
proceeding.
(b) Under the Federal Water Pollution Control Act, within 120 days
after the issuance by the Board of a final order of the Secretary under
Sec. 24.110, any person adversely affected or aggrieved by the order
may file a petition for review of the order in the United States Court
of Appeals for the circuit in which the violation allegedly occurred or
the circuit in which the complainant resided on the date of the
violation.
(c) Under the Solid Waste Disposal Act, within 90 days after the
issuance by the Board of a final order of the Secretary under Sec.
24.110, any person adversely affected or aggrieved by the order may
file a petition for review of the order in the United States Court of
Appeals for the circuit in which the violation allegedly occurred or
the circuit in which the complainant resided on the date of the
violation.
(d) Under the Comprehensive Environmental Response, Compensation
and Liability Act, after the issuance by the Board of a final order of
the Secretary under Sec. 24.110, any person adversely affected or
aggrieved by the order may file a petition for review of the order in
the United States district court in which the violation allegedly
occurred. For purposes of judicial economy and consistency, when a
final order of the Secretary issued by the Board under the
Comprehensive
Environmental Response, Compensation and Liability Act also is issued
under any other statute listed in Sec. 24.100(a), the adversely
affected or aggrieved person may file a petition for review of the
entire order in the United States Court of Appeals for the circuit in
which the violation allegedly occurred or the circuit in which the
complainant resided on the date of the violation. The time for filing a
petition for review of an order issued under the Comprehensive
Environmental Response, Compensation and Liability Act and any other
statute listed in Sec. 24.100(a) is determined by the time period
applicable under the other statute(s).
(e) If a timely petition for review is filed, the record of a case,
including the record of proceedings before the administrative law
judge, will be transmitted by the Board to the appropriate court
pursuant to the local rules of the court.
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