[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR26.26]



[Page 288]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

               Subpart A_Hearings Before Hearing Officers

 

Sec.  26.26  Interlocutory rulings.



    (a) Interlocutory rulings by the hearing officer. A party seeking 

review of an interlocutory ruling shall file a motion with the hearing 

officer within ten days of the ruling requesting certification of the 

ruling for review by the Secretary. Certification may be granted if the 

hearing officer believes that (1) it involves an important issue of law 

or policy as to which there is substantial ground for difference of 

opinion and (2) an immediate appeal from the order may materially 

advance the ultimate termination of the litigation.

    (b) Petition for review. Any party may file a petition for review of 

an interlocutory ruling within ten days of the hearing officer's 

determination regarding certification.

    (c) Secretarial review. The Secretary, or designee, shall review a 

certified ruling. The Secretary, or designee, has the discretion to 

grant or deny a petition for review from an uncertified ruling.

    (d) Continuation of hearing. Unless otherwise ordered by the hearing 

officer or the Secretary, or designee, the hearing shall proceed pending 

the determination of any interlocutory appeal and the order or ruling of 

the hearing officer shall be effective pending review.