; and (ii) be in writing and shall include the specific reasons for the decision. (D) The Secretary shall ensure that the grievance process established under paragraph (2)(C) takes fewer than 21 days after the final decision. (d) Judicial review (1) A covered individual adversely affected by a final decision under this section that is not grieved, or by a grievance decision under subsection (b)(2)(C), may obtain judicial review of such decision. (2) Any removal, demotion, or suspension under this section is not appealable to the Merit Systems Protection Board, or to any administrative judge or other person appointed by the Merit Systems Protection Board. (3) In any case in which judicial review is sought under paragraph (1), the court shall review the record and may set aside any Department action found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with a provision of law; (B) obtained without procedures required by a provision of law having been followed; or (C) unsupported by substantial evidence. (4) Except to the extent that an appeal under this subsection presents a constitutional issue, such court may not review a challenge to the penalty imposed against the covered individual or mitigate such penalty. (e) Demoted individuals (1) A demotion under subsection (a) shall be carried out as a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual. (2) Notwithstanding any other provision of law, any covered individual so demoted— (A) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade; (B) may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave