5 CFR § 1201.92 - Criteria for certifying interlocutory appeals.
§ 1201.92 Criteria for certifying interlocutory appeals.
The judge will certify a ruling for review only if the record shows that:
(a) The ruling involves an important question of law or policy about which there is substantial ground for difference of opinion; and
(b) An immediate ruling will materially advance the completion of the proceeding, or the denial of an immediate ruling will cause undue harm to a party or the public.