§134.215. Interlocutory appeals.
13 C.F.R. § 134.215
General. A motion for leave to take an interlocutory appeal from a Judge's ruling will not be entertained in those proceedings in which OHA issues final decisions. In all other cases, an interlocutory appeal will be permitted only if, upon motion by a party, or upon the Judge's own initiative, the Judge certifies that his or her ruling raises a question which is immediately appealable. Interlocutory appeals will be decided by the AA/OHA or a designee.
Motion for certification. A party must file and serve a motion for certification no later than 20 days after issuance of the ruling to which the motion applies. A denial of the motion does not preclude objections to the ruling in any subsequent request for review of an initial decision.
Basis for certification. The Judge will certify a ruling for interlocutory appeal only if he or she determines that:
The ruling involves an important question of law or policy about which there is substantial ground for a difference of opinion; and
An interlocutory appeal will materially expedite resolution of the case, or denial of an interlocutory appeal would cause undue hardship to a party.
Stay of proceedings. A stay while an interlocutory appeal is pending will be at the discretion of the Judge.
Notes, amendments, and revision history
Amendments
[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002]
Authority
Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart J issued under 15 U.S.C. 657f. Subpart K issued under 15 U.S.C. 657f. Subpart L issued under 15 U.S.C. 636(a)(36); Pub. L. 116-136, 134 Stat. 281; Pub. L. 116-139, 134 Stat. 620; Pub. L. 116-142, 134 Stat. 641; and Pub. L. 116-147, 134 Stat. 660. Subpart M issued under 15 U.S.C. 657a; Pub. L. 117-81, 135 Stat. 1541.
Source
Source: 61 FR 2683, Jan. 29, 1996, unless otherwise noted.
Amendments
[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002]