[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR4.28]



[Page 71]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

       Subpart B_General Rules Relating to Procedures and Practice

 

Sec.  4.28  Interlocutory appeals.



    There shall be no interlocutory appeal from a ruling of an 

administrative law judge unless permission is first obtained from an 

Appeals Board and an administrative law judge has certified the 

interlocutory ruling or abused his discretion in refusing a request to 

so certify. Permission will not be granted except upon a showing that 

the ruling complained of involves a controlling question of law and that 

an immediate appeal therefrom may materially advance the final decision. 

An interlocutory appeal shall not operate to suspend the hearing unless 

otherwise ordered by the Board.