---
kind: "section"
citation: "6 C.F.R. § 126.13"
title: "6"
number: "126.13"
heading: "Notice of appeal and service."
url: "https://uscodex.org/cfr/6/126.13"
---

# §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 electronically 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.
- (b) **Service.** To file any document with a TSOB Review Panel, a party must send the document to the TSOB Docket Clerk electronically 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 electronic service. A party may consent to electronic service by filing a document expressly stating such a preference with the TSOB Docket Clerk and serving a copy on all other parties. 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 accompanies a motion to supplement the record) must also be served on all other parties by certified U.S. mail or electronically/electronic service.
- (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 written 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](/cfr/6/126.23.md).
- (f) **Effect of dismissal of appeal.** Where an appeal is dismissed in accordance with paragraphs [(d)](#d) or [(e)](#e) of this section the ALJ's written decision becomes final.

## Notes

### Authority

Authority: 49 U.S.C. 115, 46111; Department of Homeland Security Delegation No. 7071.1.

### Source

Source: 89 FR 17702, Mar. 12, 2024, unless otherwise noted.