How long will it take the Office of State Review to provide a certified copy of the administrative record?
The Office of State Review is in the process of implementing new electronic filing and digital evidence management systems and is phasing in a new Certified Record Request process beginning in August 2023 with the objective of streamlining the provision of Certified Administrative Records for judicial review.
Although not set forth in law, as a matter of convenience to the courts and parties, the Office of State Review has historically endeavored with success to transmit certified copies of administrative records requested by litigants within 30 days of the Office of State Review's receipt of written requests that contain the information identified in the Certified Administrative Record Request procedures. For cases filed after docket number 22-115, the Office soon expects to be able to shorten the time to fulfill requests. However, most requests filed at this time continue to seek older appeal records containing a mix of hardcopy and electronic elements that will not be migrated to the new systems. The administrative staff is responsible for a number of tasks including processing filings related to pending administrative appeals and assisting State Review Officers in meeting federally-mandated timelines for issuing appeal decisions. Consequently, the priorities of the Office of State Review administrative staff change daily.
Because requests in older cases remain prevalent at this time, the Office of State Review continues to identify the 30-day period as general goal and cannot yet guarantee the ability to provide the record in a particular case sooner than 30 days from the Office of State Review's completion of a certified record request submission in the e-File System. As the requests from litigants gradually shift from older appeals to appeals stored in the new automated systems, the Office of State Review expects to announce a decrease in the expected time period for parties to receive the Certified Administrative Records. As a reminder, a court order is not required in order for the Office of State Review to produce a certified record and parties are strongly discouraged from submitting a proposed order to a court imposing a deadline on the Office of State Review, especially without consulting with the Office of State Review.