Handbook III.F: Enforcement of Administrative Agency Orders

1. How Obtained (See Fed. R. App. P. 15(b); D.C. Cir. Rule 25(c)(3).)

When authorized by statute, a party may seek enforcement of an administrative agency order by filing an application with the Clerk of this Court. A cross-application for enforcement also may be filed by a respondent to a petition for review, if the Court has jurisdiction to enforce the order. Any application for enforcement must contain a concise statement of the proceedings in which the order sought to be enforced was entered, the party against whom the order is to be enforced, the facts upon which jurisdiction and venue are based, and the relief sought. The application for enforcement may be filed either electronically or in paper form. See D.C. Cir. Rule 25(c)(3). No additional paper copies of the application are required unless the Court directs otherwise. See D.C. Cir. Rule 25(d). The Clerk’s Office serves the respondents; the petitioner serves all other parties who participated before the agency.

The respondent to the enforcement petition must serve and file an answer within 21 days. Where no answer is filed, the Court will enter a judgment in favor of the moving party.

2. Timing

The time for filing an enforcement application is prescribed by the applicable statute.