---
kind: "section"
citation: "43 C.F.R. § 4.414"
title: "43"
number: "4.414"
heading: "Interlocutory appeals of ALJ orders."
url: "https://uscodex.org/cfr/43/4.414"
---

# §4.414. Interlocutory appeals of ALJ orders.

- (a) **General procedures.** Permission to file an interlocutory appeal is a two-step process, requiring a party to do both of the following:
  - (1) File an application in accordance with [§ 4.122(d)](/cfr/43/4.122.md?p=d) asking the ALJ to certify an ALJ order, in whole or in part, for interlocutory appeal; and
  - (2) Within 14 days of the ALJ's ruling on the application for certification, petition the Board in accordance with [§ 4.122(g)](/cfr/43/4.122.md?p=g) for permission to file an interlocutory appeal of the ALJ's order, in whole or in part.
- (b) **Permission from the Board.** The Board will grant permission to file an interlocutory appeal under the following circumstances:
  - (1) The ALJ grants certification, and the Board agrees that the ALJ's interlocutory ruling involves a controlling question of law about which there are substantial grounds for a difference of opinion and that an immediate appeal will materially advance the completion of the proceeding; or
  - (2) The ALJ denies certification, and the Board determines that the ALJ abused their discretion in doing so.

## Notes

### Source

Source: 90 FR 2413, Jan. 10, 2025, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.