Image of Where can a Sarbanes-Oxley whistleblower appeal a decision of the Administrative Review Board?

Where can a Sarbanes-Oxley whistleblower appeal a decision of the Administrative Review Board?

 

Within 60 days of issuance of the DOL’s final decision, a SOX whistleblower may file a petition for review to the United States Court of Appeals in the circuit in which the alleged violation of the Sarbanes-Oxley whistleblower law occurred, or the circuit in which the complainant resided on the date of the alleged violation.  49 U.S.C. § 42121(b)(4)(A); 29 CFR § 1980.112(a).

The Sarbanes-Oxley whistleblower law does not set forth the standard of review for appeals to the Court of Appeals.  Under the Administrative Procedure Act, a federal court of appeals will uphold the ALJ’s findings of fact if supported by “substantial evidence.”  5 U.S.C. § 706(2)(E).  The court reviews questions of law de novo, but gives deference to the Administrative Review Board’s interpretation of statutes that Congress has charged the Department with administering.

If you are seeking representation in a Sarbanes-Oxley whistleblower case, click here, or call us at 202-262-8959 to schedule a free preliminary consultation.

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Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.