[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.24]

[Page 40-41]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
   Subpart C--Prehearing Procedures; Motions; Interlocutory Appeals; 
                      Summary Judgment; Settlement
 
Sec. 511.24  Interlocutory appeals.

    (a) General. Rulings of the Presiding Officer may not be appealed to 
the Administrator prior to the Initial Decision, except as provided 
herein.
    (b) Exceptions--(1) Interlocutory appeals to Administrator. The 
Administrator may, in his or her discretion, entertain interlocutory 
appeals where a ruling of the Presiding Officer:
    (i) Requires the production or disclosure of records claimed to be 
confidential;
    (ii) Requires the testimony of a supervisory official of the agency 
other than one especially cognizant of the facts of the matter in 
adjudication;
    (iii) Excludes an attorney from participation in a proceeding 
pursuant to Sec. 511.42(b).
    (2) Procedures for interlocutory appeals. Within ten (10) days of 
issuance of a ruling, any party may petition the Administrator to 
entertain an interlocutory appeal on a ruling in the categories 
enumerated above. The petition shall not exceed fifteen (15) pages. Any 
other party may file a response to the petition within ten (10) days of 
its service. The response shall not exceed fifteen (15) pages. The 
Administrator shall thereupon act upon the petition, or the 
Administrator shall request such further briefing or oral presentation 
as he may deem necessary.
    (3) Interlocutory appeals from all other rulings--(i) Grounds. 
Interlocutory appeals from all other rulings by the Presiding Officer 
may proceed only upon motion to the Presiding Officer and a 
determination by the Presiding Officer in writing, with justification in 
support thereof, that the ruling involves a controlling question of law 
or policy as to which there is substantial ground for differences of 
opinion and that an immediate appeal from the ruling may

[[Page 41]]

materially advance the ultimate termination of the litigation, or that 
subsequent review will be an inadequate remedy.
    (ii) Form. If the Presiding Officer determines, in accordance with 
paragraph (b)(3)(i) of this section that an interlocutory appeal may 
proceed, a petition for interlocutory appeal may be filed with and acted 
upon by the Administrator in accordance with paragraph (b)(2) of this 
section.
    (c) Proceedings not stayed. A petition for interlocutory appeal 
under this part shall not stay the proceedings before the Presiding 
Officer unless the Presiding Officer shall so order, except that a 
ruling of the Presiding Officer requiring the production of records 
claimed to be confidential shall be automatically stayed for a period of 
(10) days following the issuance of such ruling to allow an affected 
party the opportunity to file a petition for an interlocutory appeal 
pursuant to Sec. 511.24(b)(2). The filing of such a petition shall 
automatically extend the stay of such a ruling pending the 
Administrator's action on such petition.