[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR3.23]

[Page 53-54]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 3_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
Subpart C_Prehearing Procedures; Motions; Interlocutory Appeals; Summary 
                                Decisions
 
Sec. 3.23  Interlocutory appeals.

    (a) Appeals without a determination by the Administrative Law Judge. 
The Commission may, in its discretion, entertain interlocutory appeals 
where a ruling of the Administrative Law Judge:
    (1) Requires the disclosure of rec ords of the Commission or another 
governmental agency or the appearance of an official or employee of the 
Commission or another governmental agency pursuant to Sec. 3.36, if 
such appeal is based solely on a claim of privilege: Provided, that The 
Administrative Law Judge shall stay until further order of the 
Commission the effectiveness of any ruling, whether or not appeal is 
sought, that requires the disclosure of nonpublic Commission minutes, 
Commissioner circulations, or similar documents prepared by the 
Commission, individual Commissioner, or the Office of the General 
Counsel;
    (2) Suspends an attorney from participation in a particular 
proceeding pursuant to Sec. 3.42(d); or
    (3) Grants or denies an application for intervention pursuant to the 
provisions of Sec. 3.14.

Appeal from such rulings may be sought by filing with the Commission an 
application for review, not to exceed fifteen (15) pages exclusive of 
those attachments required below, within five (5) days after notice of 
the Administrative Law Judge's ruling. Answer thereto may be filed 
within five (5) days after service of the application for review. The 
application for review should specify the person or party taking the 
appeal; should attach the ruling or part thereof from which appeal is 
being taken and any other portions of the record on which the moving 
party relies; and should specify under which provisions hereof review is 
being sought. The Commission upon its own motion may enter an order 
staying the return date of an order issued by the Administrative Law 
Judge pursuant to Sec. 3.36 or placing the matter on the Commission's 
docket for review. Any order placing the matter on the Commission's 
docket for review will set forth the scope of the review and the issues 
which will be considered and will make provision for the filing of 
briefs if deemed appropriate by the Commission.

[[Page 54]]

    (b) Appeals upon a determination by the Administrative Law Judge. 
Except as provided in paragraph (a) of this section, applications for 
review of a ruling by the Administrative Law Judge may be allowed only 
upon request made to the Administrative Law Judge and a determination by 
the Administrative Law Judge 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 difference of opinion 
and that an immediate appeal from the ruling may materially advance the 
ultimate termination of the litigation or subsequent review will be an 
inadequate remedy. Applications for review in writing may be filed, not 
to exceed fifteen (15) pages exclusive of those attachments required 
below, within five (5) days after notice of the Administrative Law 
Judge's determination. Additionally, the moving party is required to 
attach the ruling or part thereof from which appeal is being taken and 
any other portions of the record on which the moving party is relying. 
Answer thereto may be filed within five (5) days after service of the 
application for review. The Commission may thereupon, in its discretion, 
permit an appeal. Commission review, if permitted, will be confined to 
the application for review and answer thereto, without oral argument or 
further briefs, unless otherwise ordered by the Commission.
    (c) Proceedings not stayed. Application for review and appeal 
hereunder shall not stay proceedings before the Administrative Law Judge 
unless the Judge or the Commission shall so order.

[37 FR 5608, Mar. 17, 1972, as amended at 42 FR 31591, June 22, 1977; 42 
FR 33025, June 29, 1977; 43 FR 56902 Dec. 5, 1978; 50 FR 53305, Dec. 31, 
1985]