§ 386.52 Appeals from interlocutory rulings.
Wording in the annual edition revised as of Oct. 1, 2006, superseded by the 2008 annual edition.
Link(a) toGeneral. anUnless amendmentotherwise publishedprovided atin 70this FR 28484subpart, Maya 18,party 2005.may
Rulingsofnot theappeal administrativea lawruling judgeor maydecision notof bethe appealedAdministrative Law Judge to the Assistant Administrator prioruntil tothe his/herAdministrative considerationLaw Judge's decision has been entered on the record. A decision or order of the entireAssistant proceedingAdministrator excepton the interlocutory appeal does not constitute a Final Agency Order for the purposes of judicial review under exceptional§ circumstances386.67.
(b) andInterlocutory appeal for cause. If a party files a written request for an interlocutory appeal for cause with the consentAdministrative ofLaw Judge, or orally requests an interlocutory appeal for cause, the administrativeproceedings laware judgestayed until the Administrative Law Judge issues a decision on the request. InIf decidingthe whetherAdministrative toLaw allowJudge appealsgrants the request, the administrativeproceedings laware judgestayed shalluntil determinethe whetherAssistant Administrator issues a decision on the interlocutory appeal. isThe necessaryAdministrative toLaw preventJudge unduemust prejudicegrant toan interlocutory appeal for cause if a party orshows tothat preventdelay substantialof detrimentthe appeal would be detrimental to the public interest or would result in undue prejudice to any party.Effective(d) DateProcedure. Note:A
At70party FRmust 28484file a notice of interlocutory appeal, Maywith 18any supporting documents, 2005with the Assistant Administrator, §and 386.52serve wascopies revisedon each party and the Administrative Law Judge, effectivenot Novemberlater 14than 10 days after the Administrative Law Judge's oral decision has been issued, 2005or a written decision has been served. ForA party must file a reply brief, if any, with the convenienceAssistant Administrator and serve a copy of the userreply brief on each party, not later than 10 days after service of the revisedappeal textbrief. isThe setAssistant forthAdministrator will render a decision on the interlocutory appeal, within a reasonable time after receipt of the interlocutory appeal.
(e) The Assistant Administrator may reject frivolous, repetitive, or dilatory appeals, and may issue an order precluding one or more parties from making further interlocutory appeals, and may order such further relief as follows:required.
[70 FR 28484, May 18, 2005]
(a) General. Unless otherwise provided in this subpart, a party may not appeal a ruling or decision of the Administrative Law Judge to the Assistant Administrator until the Administrative Law Judge's decision has been entered on the record. A decision or order of the Assistant Administrator on the interlocutory appeal does not constitute a Final Agency Order for the purposes of judicial review under § 386.67.
(b) Interlocutory appeal for cause. If a party files a written request for an interlocutory appeal for cause with the Administrative Law Judge, or orally requests an interlocutory appeal for cause, the proceedings are stayed until the Administrative Law Judge issues a decision on the request. If the Administrative Law Judge grants the request, the proceedings are stayed until the Assistant Administrator issues a decision on the interlocutory appeal. The Administrative Law Judge must grant an interlocutory appeal for cause if a party shows that delay of the appeal would be detrimental to the public interest or would result in undue prejudice to any party.
(d) Procedure. A party must file a notice of interlocutory appeal, with any supporting documents, with the Assistant Administrator, and serve copies on each party and the Administrative Law Judge, not later than 10 days after the Administrative Law Judge's oral decision has been issued, or a written decision has been served. A party must file a reply brief, if any, with the Assistant Administrator and serve a copy of the reply brief on each party, not later than 10 days after service of the appeal brief. The Assistant Administrator will render a decision on the interlocutory appeal, within a reasonable time after receipt of the interlocutory appeal.
(e) The Assistant Administrator may reject frivolous, repetitive, or dilatory appeals, and may issue an order precluding one or more parties from making further interlocutory appeals, and may order such further relief as required.
[70 FR 28484, May 18, 2005]
Amendment history
6 distinct wordings on file since Oct. 1, 1996- [70 FR 28484, May 18, 2005]
- [70 FR 28484, May 18, 2005]
- [70 FR 28484, May 18, 2005]
- Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.