[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.73]

[Page 261]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200--RULES OF PROCEDURE--Table of Contents
 
                           Subpart E--Hearings
 
Sec. 2200.73  Interlocutory review.

    (a) General. Interlocutory review of a Judge's ruling is 
discretionary with the Commission. A petition for interlocutory review 
may be granted only where the petition asserts and the Commission finds:
    (1) That the review involves an important question of law or policy 
about which there is substantial ground for difference of opinion and 
that immediate review of the ruling may materially expedite the final 
disposition of the proceedings; or
    (2) That the ruling will result in a disclosure, before the 
Commission may review the Judge's report, of information that is alleged 
to be privileged.
    (b) Petition for interlocutory review. Within five days following 
the receipt of a Judge's ruling from which review is sought, a party may 
file a petition for interlocutory review with the Commission. Responses 
to the petition, if any, shall be filed within five days following 
service of the petition. A copy of the petition and responses shall be 
filed with the Judge. The petition is denied unless granted within 30 
days of the date of receipt by the Commission's Executive Secretary. A 
corporate party that files a petition for interlocutory review or a 
response to such a petition under this section shall file with the 
Commission a copy of its declaration of corporate parents, subsidiaries, 
and affiliates previously filed with the Judge under the requirements of 
Sec. 2200.36(c) or Sec. 2200.37(d)(4). In its discretion the Commission 
may refuse to accept for filing a petition or response that fails to 
comply with this disclosure requirement. A corporate party filing the 
declaration required by this paragraph shall have a continuing duty to 
advise the Executive Secretary of any changes to its declaration until 
the Commission either denies the petition for interlocutory appeal or 
issues its decision on the merits of the appeal.
    (c) Denial without prejudice. The Commission's action in denying a 
petition for interlocutory review shall not preclude a party from 
raising an objection to the Judge's interlocutory ruling in a petition 
for discretionary review.
    (d) Stay--(1) Trade secret matters. The filing of a petition for 
interlocutory review of a Judge's ruling concerning an alleged trade 
secret shall stay the effect of the ruling until the Commission denies 
the petition or rules on the merits.
    (2) Other cases. In all other cases, the filing or granting of a 
petition for interlocutory review shall not stay a proceeding or the 
effect of a ruling unless otherwise ordered.
    (e) Judge's comments. The Judge may be requested to provide the 
Commission with his written views on whether the petition is 
meritorious. The Judge shall serve copies of these comments on all 
parties when he files them with the Commission.
    (f) Briefs. Should the Commission desire briefs on the issues raised 
by an interlocutory review, it shall give notice to the parties. See 
Sec. 2200.93--Briefs before the Commission.

[51 FR 32015, Sept. 8, 1986, as amended at 54 FR 18491, May 1, 1989; 55 
FR 22782, June 4, 1990]