Proceedings before the Review Commission

The following chart summarizes the procedures in 29 C.F.R. Part 2700 Subpart H of the Commission’s Rules, which are generally applicable to cases on appeal before the Review Commission.  However, certain provisions within Subpart H may be superseded by provisions within the Commission’s Rules governing specific proceedings, such as Rule 45(f), which governs review of temporary reinstatement proceedings.

Any person adversely affected by an order of the Commission may file a petition to modify or set aside the order with the United States Court of Appeals for the circuit in which the violation occurred or with the Court of Appeals for the D.C. Circuit within 30 days of the issuance of the order.

PROCEEDINGS BEFORE THE REVIEW COMMISSION

*Filing a review petition with the Commission is effective upon receipt. 

1. Any person adversely affected by a Judge’s decision may file a petition for discretionary review  within 30 calendar days of the decision.  Each issue shall be plainly and concisely stated and supported by the record and legal authorities.  Review by the Commission, which is discretionary, requires an affirmative vote of at least two Commissioners within 40 calendar days of the decision.
   
   
2. The Commission may vote to grant review on its own motion within 30 calendar days of the Judge’s decision.
   
   
3. Within 30 calendar days of the Commission’s direction for review, a person may file a motion to intervene in a proceeding.  Intervention is subject to the Commission’s discretion.  A person may file a motion to participate as an amicus curiae after the Commission has directed a case for review.
   
   
4. Within 30 calendar days of the Commission's direction for review, a party’s opening brief must be filed.  A response brief must be filed within 30 days of service of the opening brief, or within 20 calendar days if review is on the Commission's own motion.  A petitioner may file a reply brief within 20 calendar days after service of the response brief.
   
   
5. A party’s request for oral argument must be filed by separate motion no later than the time for filing its opening or response brief.
   
   
6. A petition for reconsideration must be filed within 10 business days of the Commission’s decision, and any response must be filed within 10 business days of service of the petition.