[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR81.86]



[Page 329]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 81_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 80 OF THIS 

TITLE--Table of Contents

 

                      Subpart H_Hearing Procedures

 

Sec.  81.86  Appeals from ruling of presiding officer.



    Rulings of the presiding officer may not be appealed to the 

reviewing authority prior to his consideration of the entire proceeding 

except with the consent of the presiding officer and where he certifies 

on the record or in writing that the allowance of an interlocutory 

appeal is clearly necessary to prevent exceptional delay, expense, or 

prejudice to any party, or substantial detriment to the public interest. 

If an appeal is allowed, any party may file a brief with the reviewing 

authority within such period as the presiding officer directs. No oral 

argument will be heard unless the reviewing authority directs otherwise. 

At any time prior to submission of the proceeding to it for decisions, 

the reviewing authority may direct the presiding officer to certify any 

question or the entire record to it for decision. Where the entire 

record is so certified, the presiding officer shall recommend a 

decision.