§747.28. Interlocutory review.
12 C.F.R. § 747.28
General rule. The NCUA Board may review a ruling of the ALJ prior to the certification of the record to the NCUA Board only in accordance with the procedures set forth in this section and § 747.23.
Scope of review. The NCUA Board may exercise interlocutory review of a ruling of the ALJ if the NCUA Board finds:
The ruling involves a controlling question of law or policy as to which substantial grounds exist for a difference of opinion;
Immediate review of the ruling may materially advance the ultimate termination of the proceeding;
Subsequent modification of the ruling at the conclusion of the proceeding would be an inadequate remedy; or
Subsequent modification of the ruling would cause unusual delay or expense.
Procedure. Any request for interlocutory review must be filed by a party with the ALJ within ten days of the ruling and must otherwise comply with § 747.23. Any party may file a response to a request for interlocutory review in accordance with § 747.23(d). Upon the expiration of the time for filing all responses, the ALJ will refer the matter to the NCUA Board for final disposition.
Suspension of proceeding. Neither a request for interlocutory review nor any disposition of such a request by the NCUA Board under this section suspends or stays the proceeding unless otherwise ordered by the ALJ or the NCUA Board.
Notes, amendments, and revision history
Source
Source: 88 FR 89962, Dec. 28, 2023, unless otherwise noted.
Authority
Authority: 12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 1790d; 15 U.S.C. 1639e; 42 U.S.C. 4012a; Pub. L. 101-410; Pub. L. 104-134; Pub. L. 109-351; Pub. L. 114-74.
Source
Source: 56 FR 37767, Aug. 8, 1991, unless otherwise noted.