[Code of Federal Regulations]
[Title 12, Volume 6]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR747.28]

[Page 545]
 
                       TITLE 12--BANKS AND BANKING
 
            CHAPTER VII--NATIONAL CREDIT UNION ADMINISTRATION
 
PART 747--ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS--Table of Contents
 
           Subpart A--Uniform Rules of Practice and Procedure
 
Sec. 747.28  Interlocutory review.

    (a) General rule. The NCUA Board may review a ruling of the 
administrative law judge prior to the certification of the record to the 
NCUA Board only in accordance with the procedures set forth in this 
section and Sec. 747.23.
    (b) Scope of review. The NCUA Board may exercise interlocutory 
review of a ruling of the administrative law judge if the NCUA Board 
finds that:
    (1) The ruling involves a controlling question of law or policy as 
to which substantial grounds exist for a difference of opinion;
    (2) Immediate review of the ruling may materially advance the 
ultimate termination of the proceeding;
    (3) Subsequent modification of the ruling at the conclusion of the 
proceeding would be an inadequate remedy; or
    (4) Subsequent modification of the ruling would cause unusual delay 
or expense.
    (c) Procedure. Any request for interlocutory review shall be filed 
by a party with the administrative law judge within ten days of his or 
her ruling and shall otherwise comply with Sec. 747.23. Any party may 
file a response to a request for interlocutory review in accordance with 
Sec. 747.23(d). Upon the expiration of the time for filing all 
responses, the administrative law judge shall refer the matter to the 
NCUA Board for final disposition.
    (d) Suspension of proceeding. Neither a request for interlocutory 
review nor any disposition of such a request by the NCUA Board under 
this section suspends or stays the proceeding unless otherwise ordered 
by the administrative law judge or the NCUA Board.