(a)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.
(b)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.
(c)Basis for certification. The Judge will certify a ruling for interlocutory appeal only if he or she determines that:
(1) The ruling involves an important question of law or policy about which there is substantial ground for a difference of opinion; and
(2) An interlocutory appeal will materially expedite resolution of the case, or denial of an interlocutory appeal would cause undue hardship to a party.
(d)Stay of proceedings. A stay while an interlocutory appeal is pending will be at the discretion of the Judge.
[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002]
Title 13 published on 2013-01-01
no entries appear in the Federal Register after this date.
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