13 CFR 134.215 - Interlocutory appeals.

Status message

There is 1 Update appearing in the Federal Register for 13 CFR Part 134. View below or at eCFR (GPOAccess)
§ 134.215 Interlocutory appeals.

(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]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
Presidential Documents

Executive Order ... 12549

Title 13 published on 2015-10-16

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 13 CFR Part 134 after this date.

  • 2016-10-07; vol. 81 # 195 - Friday, October 7, 2016
    1. 81 FR 69723 - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals
      GPO FDSys XML | Text
      Proposed rule.
      Comments must be received on or before December 6, 2016.
      13 CFR Parts 121 and 134

Title 13 published on 2015-10-16.

The following are only the Rules published in the Federal Register after the published date of Title 13.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2016-07-25; vol. 81 # 142 - Monday, July 25, 2016
    1. 81 FR 48558 - Small Business Mentor Protégé Programs
      GPO FDSys: XML | Text
      SMALL BUSINESS ADMINISTRATION, 125, 13 CFR Parts 121, 124, 126, 127, and 134
      Final rule.
      This rule is effective August 24, 2016.
      13 CFR Part 121