[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.21]



[Page 240-241]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.21  Appeal from or review of interlocutory orders or rulings.



    (a) Request for interlocutory orders or rulings. Except as provided 

in this section, appeals to the Director or, upon delegation, to the 

General Counsel, shall obtain as a matter of right only from a default 

order, an accelerated decision or decision to dismiss, or an initial 

decision rendered after an evidentiary hearing. Appeals from other 

orders or rulings shall lie only if the Presiding Officer, upon motion 

of a party, certifies such orders or rulings to the Director on appeal. 

Requests for such certification shall be filed in writing within six (6) 

days of notice of the ruling or service of the order, and shall state 

briefly the grounds to be relied upon on appeal.

    (b) Availability of interlocutory appeal. The Presiding Officer may 

certify any ruling for appeal to the Director when (1) the order or 

ruling involves an important question of law or policy and there is 

substantial grounds for difference of opinion; and (2) either (i) an 

immediate appeal from the order or ruling will materially advance the 

ultimate resolution of the proceeding, or (ii) review after the final 

order is issued will be inadequate or ineffective.

    (c) Decision. If the Director or the General Counsel takes no action 

within thirty (30) days of the certification, the appeal is dismissed. 

If the Director or the General Counsel decides to hear the interlocutory 

appeal, he shall make and transmit his findings and conclusions to the 

Presiding Officer. When the Presiding Officer declines to certify an 

order or ruling to the Director on



[[Page 241]]



interlocutory appeal, it may be reviewed by the Director only upon 

appeal from the initial decision.

    (d) Stay of proceedings. The Presiding Officer may stay the 

proceedings for an interlocutory appeal. Proceedings will not be stayed 

except in extraordinary circumstances. Where the Presiding Officer 

grants a stay of more than thirty (30) days, such stay must be 

separately approved by the Director.