Calculate deadlines for federal agency proceedings, administrative appeals, and regulatory compliance under the Administrative Procedure Act (APA).
Administrative proceeding or agency action
Federal CourtsFederal court review of agency action
30-60 daysFrom date of final agency action
Internal agency review process
15-30 daysVaries by agency regulations
Freedom of Information Act appeals
90 daysFrom date of adverse determination
Public comment period
30-60 daysAs specified in Federal Register notice
Most agency actions require exhaustion of administrative remedies before seeking federal court review. This includes filing internal appeals, requesting reconsideration, and following agency-specific procedures.
Only "final" agency actions are reviewable in federal court under the APA. Consider whether the agency action constitutes the consummation of the decision-making process and determines legal rights or obligations.
Petitions for review must be filed in the appropriate federal circuit court, often within the circuit where the petitioner resides or where the agency action took place.
Ensure the party seeking review has standing and that the agency action is reviewable under the APA. Some agency actions are committed to agency discretion and not subject to judicial review.
Determine the specific federal agency (SEC, FTC, EPA, IRS, etc.) and type of proceeding: formal adjudication, informal rulemaking, enforcement action, or license application.
Input the date of the agency action, final order, or triggering event. This establishes the starting point for appeal deadlines and response requirements.
Identify available appeal options: agency internal appeal, federal court petition for review, or administrative law judge (ALJ) proceedings under the APA.
Consider agency-specific regulations, organic statutes, and procedural rules that may modify standard APA deadlines and requirements.
Apply 30-60 day petition for review deadlines, agency exhaustion requirements, and jurisdictional prerequisites for federal court review.
Ensure all administrative exhaustion requirements are met, proper parties are named, and venue requirements are satisfied for the specific agency.