6 CFR 126.13 – Notice of appeal and service
(a) Notice of appeal. A party seeking review of the ALJ’s decision must file a notice of appeal with the TSOB Docket Clerk via email at TSOB_docket@hq.dhs.gov or via certified U.S. mail at ATTN: TSOB Docket Clerk, Office of the General Counsel, Department of Homeland Security, Washington, DC 20528-0485. A notice of appeal must be filed within 60 calendar days of the date of issuance of the ALJ’s written decision.
Terms Used In 6 CFR 126.13
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Docket: A log containing brief entries of court proceedings.
(b) Service. To file any document with a TSOB Review Panel, a party must send the document to the TSOB Docket Clerk via email at TSOB_docket@hq.dhs.gov, or via certified U.S. mail at ATTN: TSOB Docket Clerk, Office of the General Counsel, Department of Homeland Security, Washington, DC 20528-0485. Parties are strongly encouraged to file all documents and consent to service via email. Any document filed with the TSOB Docket Clerk (except a notice of protected information, the administrative record, ex parte motions, and documents containing classified information, Sensitive Security Information (SSI), or other protected information that accompany a motion to supplement the record) must also be served on all other parties by certified U.S. mail or email.
(c) Filing date. For purposes of all deadlines in this part, the date of filing of a notice of appeal or any document filed with a TSOB Review Panel is the date on which the document is received by the TSOB Docket Clerk.
(d) Untimely appeals. A TSOB Review Panel must reject and summarily dismiss a notice of appeal that is filed more than 60 calendar days after the date of issuance of the ALJ’s written decision. A TSOB Review Panel may, in its discretion, accept an untimely notice of appeal upon a showing of good cause for failure to meet the filing deadline.
(e) Failure to perfect the appeal. A TSOB Review Panel may dismiss an appeal, on its own initiative or upon motion of any party, when a party has filed a notice of appeal but failed to perfect the appeal by timely filing a brief in accordance with § 126.23.
(f) Effect of dismissal of appeal. Where an appeal is dismissed in accordance with paragraph (d) or (e) of this section the ALJ’s written decision becomes final.