What becomes final, and who must comply, if a related party lets either the period for reconsideration or the period for administrative suit pass?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the proof of service of the remedy order or dismissal decision, and of any reconsideration judgment, since the periods run from those service days, together with any reconsideration application or court filing, whose absence is the event the provision turns on.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that where a related party does not apply for reconsideration within the period the first paragraph sets, or does not bring an administrative suit as the second paragraph provides within its period, the remedy order, dismissal decision or reconsideration judgment becomes final, and nothing further is required for that.
Another reading separates what finality reaches from what must then be obeyed: the provision states a duty to follow a finalised dismissal decision or reconsideration judgment, while a finalised remedy order appears in the earlier paragraph without that express duty, so the provision leaves their different standing in the file open.
Your judgment
Where a remedy order has become final without a suit, what in the practice file shows whether its terms have been carried out?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to alter which decisions become final or to add a compliance duty for finalised remedy orders, or if a court decision explains what a finalised remedy order binds.