§ 81.42. Petition for review of initial decision.
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/us/cfr/t34/s§ 81.42·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)(1) If a party seeks to obtain the Secretary's review of the initial decision of an ALJ, the party must file a petition for review by submission to OES on behalf of the Office of 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 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)Electronically filing a petition to OES for review constitutes service on the 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" or "express" mail. If agreed upon by the parties, service of a copy of the petition may be made upon the other party by a method approved by the ALJ.
(2)Any petition submitted under this section in paper format must be accompanied by a statement certifying the date that the petition was served on the other party.
(e)A petition for review of an initial decision must---
(1)Identify the initial decision for which review is sought; and
(2)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, as provided for in this section, not later than 15 days after the date it receives the petition.
(2)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 certify that it has done so pursuant to the provisions of paragraph
(d)of this section. (g)(1) The filing date for petitions under this section is the date the document is---
(i)Electronically filed; or
(ii)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)) \[86 FR 52832, Sept. 23, 2021\]
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