§ 81.42 - Petition for review of initial decision.

§ 81.42 Petition for review of initial decision.

(a)

(1) If a party seeks to obtain the Secretary's review of the initial decision of an ALJ, the party

shall

must file a petition for review

with

by submission to OES on behalf of the Office of

Hearings and Appeals, which immediately forwards the petition to the Office of the Secretary

the Secretary unless the party shows the ALJ good cause why the petition cannot be filed electronically.

(2) If the ALJ permits a party to file a petition for review in paper format, the filing party must file the petition with the ALJ by hand-delivery or regular mail.

(b) A party shall must file a petition for review not later than 30 days after the date it receives the initial decision. The party is deemed to have received the initial decision on the date the initial decision is uploaded to OES or, if filing in paper format was permitted by the ALJ, the party is deemed to have received the initial decision on the delivery date indicated by the certified mail or parcel delivery records.

(c) If Electronically filing a party files a petition to OES for review , constitutes service on the party shall other party.

(d) If the ALJ has permitted the petition to be filed in paper format, then -

(1) The party must serve a copy of the petition on the other party on the filing date by hand delivery or by

“overnight

“overnight” or

express”

“express” mail. If agreed upon by the parties, service of a copy of the petition may be made upon the other party by

facsimile transmission

a method approved by the ALJ.

(

d

2) Any

written submission to the Secretary

petition submitted under this section in paper format must be accompanied by a statement certifying the date that the

filed material

petition was served on the other party.

(e) A petition for review of an initial decision must contain -

(1) The identity of Identify the initial decision for which review is sought; and

(2) A Include a statement of the reasons asserted by the party for affirming, modifying, setting aside, or remanding the initial decision in whole or in part.

(f)

(1) A party may respond to a petition for review of an initial decision by filing a statement of its views on the issues raised in the petition with the Secretary, as provided for in this section, not later than 15 days after the date it receives the petition.

(2) A party shall If the ALJ has permitted the written submission to be filed in paper format, a party must serve a copy of its statement of views on the other party by hand delivery or mail , and shall certify that it has done so pursuant to the provisions of paragraph (d) of this section. If agreed upon by the parties, service of a copy of the statement of views may be made upon the other party by facsimile transmission.

(g)

(1) The filing date for written submissions petitions under this section is the date the document is -

(i) Hand delivered Electronically filed; or

(ii) Mailed; or

(iii) Sent by facsimile transmission

Hand-delivered or mailed, if permitted to file in paper format.

(2) If a scheduled filing date falls on a Saturday, Sunday, or a Federal holiday, the filing deadline is the next business day.

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), 1234a(e), and 3474(a))

[58 86 FR 4347452832, AugSept. 1623, 19932021]