---
kind: "section"
citation: "12 C.F.R. § 747.28"
title: "12"
number: "747.28"
heading: "Interlocutory review."
url: "https://uscodex.org/cfr/12/747.28"
---

# §747.28. Interlocutory review.

- (a) **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](/cfr/12/747.23.md).
- (b) **Scope of review.** The NCUA Board may exercise interlocutory review of a ruling of the ALJ if the NCUA Board finds:
  - (1) The ruling involves a controlling question of law or policy as to which substantial grounds exist for a difference of opinion;
  - (2) Immediate review of the ruling may materially advance the ultimate termination of the proceeding;
  - (3) Subsequent modification of the ruling at the conclusion of the proceeding would be an inadequate remedy; or
  - (4) **Subsequent modification of the ruling would cause unusual delay or expense.**
- (c) **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](/cfr/12/747.23.md). Any party may file a response to a request for interlocutory review in accordance with [§ 747.23(d)](/cfr/12/747.23.md?p=d). Upon the expiration of the time for filing all responses, the ALJ will refer the matter to the NCUA Board for final disposition.
- (d) **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

### 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.