Handbook IV.B: Cases from Administrative Agencies
D.C. Circuit Rules — Handbook, Part IV. Docketing the Appeal
(See Fed. R. App. P. 15, 16, 17; D.C. Cir. Rules 15, 17.)
In cases from administrative agencies, docketing occurs at the time the petition for review or notice of appeal is filed and precedes transmission of the record. The appellant or petitioner must remit the docketing fee to this Court at that time. For information the parties are required to provide with the docketing statement, motions, and rehearing petitions, see supra Part IV.A.3. In addition, in cases involving direct review of administrative agency actions, the docketing statement must contain a brief statement of the basis for the appellant’s or petitioner’s claim of standing. See D.C. Cir. Rule 15(c)(2).
The record on review consists of the order sought to be reviewed or enforced; the findings or report on which it is based; and the pleadings, evidence, and proceedings before the agency. The record may later be corrected or supplemented by stipulation or by order of this Court, as in the case of an appeal from the district court.
Because of a lack of storage space, the record before the administrative agency is not transmitted to this Court at the time of docketing; only a certified index to the record is submitted by the agency. Any party to the proceeding may, by motion, subsequently request that part or all of the record be transmitted to the Court, or the Court on its own may require transmission of the record. It is the duty of the agency to maintain the record so that it can be transmitted to the Court with a minimum of delay. In most cases, however, transmission of the actual record will be unnecessary because the appendix must contain those documents necessary for the Court's review.
The administrative agency submits to this Court the certified index to the record within 40 days of the filing of the petition for review or application for enforcement, unless the statute authorizing review or the Court’s scheduling order sets a different time. The date of filing the certified index is deemed to be the date the record is filed.