[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.24]

[Page 75-76]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of 
Contents
 
Subpart C_Prehearing Procedures, Motions, Interlocutory Appeals, Summary 
                         Judgments, Settlements
 
Sec.  1025.24  Interlocutory appeals.

    (a) General. Rulings of the Presiding Officer may not be appealed to 
the Commission prior to the Initial Decision, except as provided in this 
section.
    (b) Exceptions. (1) Interlocutory appeals to Commission. The 
Commission may, in its discretion, consider interlocutory appeals where 
a ruling of the Presiding Officer:
    (i) Requires the production of records claimed to be confidential;
    (ii) Requires the testimony of a supervisory official of the 
Commission other than one especially knowledgeable of the facts of the 
matter in adjudication;

[[Page 76]]

    (iii) Excludes an attorney from participation in any proceedings 
pursuant to Sec.  1025.42(b);
    (iv) Denies or unduly limits a petition for intervention pursuant to 
the provisions of Sec.  1025.17.
    (2) Procedure for interlocutory appeals. Within ten (10) days of 
issuance of a ruling other than one ordering the production of records 
claimed to be confidential, any party may petition the Commission to 
consider an interlocutory appeal of a ruling in the categories 
enumerated above. The petition shall not exceed fifteen (15) pages. Any 
other party may file a response to the petition within ten (10) days of 
its service except where the order appealed from requires the production 
of records claimed to be confidential. The response shall not exceed 
fifteen (15) pages. The Commission shall decide the petition or may 
request such further briefing or oral presentation as it deems 
necessary.
    (3) If the Presiding Officer orders the production of records 
claimed to be confidential a petition for interlocutory appeal shall be 
filed within five (5) days of the entry of the order. Any opposition to 
the petition shall be filed within five (5) days of service of the 
petition. The order of the Presiding Officer shall be automatically 
stayed until five (5) days following the date of entry of the order to 
allow an affected party the opportunity to file a petition with the 
Commission for an interlocutory appeal pursuant to Sec.  1025.24(b)(2). 
If an affected party files a petition with the Commission pursuant to 
Sec.  1025.24(b)(2) within the 5-day period, the stay of the Presiding 
Officer's order is automatically extended until the Commission decides 
the petition.
    (4) Interlocutory appeals from all other rulings--(i) Grounds. 
Interlocutory appeals from all other rulings by the Presiding Officer 
may proceed only upon motion to the Presiding Officer and a 
determination by the Presiding Officer in writing that the ruling 
involves a controlling question of law or policy as to which there is 
substantial ground for differences of opinion and that an immediate 
appeal from the ruling may materially advance the ultimate termination 
of the litigation, or that subsequent review will be an inadequate 
remedy. The Presiding Officer's certification shall state the reasons 
for the determination.
    (ii) Form. If the Presiding Officer makes the determination 
described in paragraph (b)(4)(i) of this section, a petition for 
interlocutory appeal under this subparagraph may be filed in accordance 
with paragraph (b)(2) of this section.
    (c) Proceedings not stayed. Except as otherwise provided under this 
section, a petition for interlocutory appeal shall not stay the 
proceedings before the Presiding Officer unless the Presiding Officer or 
the Commission so orders.