Ask X3What does 49 CFR 107.213 (Judicial review) require?
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Short answer
A party to a proceeding under § 107.203(a) may seek review of a determination of the Chief Counsel by filing a petition within 60 days in the United States Court of Appeals for the District of Columbia or the Court of Appeals for the circuit where the person resides or has its principal place of business.
The rule says
"A party to a proceeding under § 107.203(a) may seek review of a determination of the Chief Counsel by filing a petition, within 60 days after the determination becomes final, in the United States Court of Appeals for the District of Columbia or in the Court of Appeals for the United States for the circuit in which the person resides or has its principal place of business." (49 CFR 107.213)
In plain English
This means that if a party is unhappy with a determination made by the Chief Counsel in a proceeding under § 107.203(a), they have the right to appeal that decision to a higher court. The appeal must be filed within 60 days of the determination becoming final, and it must be filed in the correct court, which depends on where the party is located. This provides a check on the Chief Counsel's authority and ensures that parties have a fair opportunity to have their cases heard.
What to do
- Identify the correct court to file the petition in, based on the party's location.
- Ensure the petition is filed within 60 days of the determination becoming final.
- Follow the procedures for filing a petition in the selected court.
- Be prepared to present arguments and evidence to support the appeal.