Little Rock, AR asked in Appeals / Appellate Law, Family Law, Gov & Administrative Law and Criminal Law for Arkansas

Q: How do I file an appeal under the administrative procedure act? It's a child maltreatment case.

1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
  • Appeals & Appellate Lawyer
  • Warrenton, VA

A: If this is a federal agency decision, file a "petition for review" in the applicable circuit court of appeals under Rule 15 of the Federal Rules of Civil Procedure. Judicial review is governed by the Administrative Procedure Act, 5 USC 605 et seq. Note that you will have to establish the court's jurisdiction from another statute, typically the agency's authorizing law, giving the court jurisdiction for appellate review. If no appellate jurisdiction is available, you can sue in federal district court using 28 USC 1331 as the basis of jurisdiction.

If this is an Arkansas agency, the procedures are similar, except you file the petition in state circuit court.

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