[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.100]

[Page 184]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL INSECTICIDE, 
 
 Subpart B_General Rules of Practice Concerning Proceedings (Other Than 
 
Sec. 164.100  Appeals from or review of interlocutory orders or rulings.

    Except as provided herein, appeals as a matter of right shall lie to 
the Environmental Appeals Board only from an initial or accelerated 
decision of the Administrative Law Judge. Appeals from other orders or 
rulings shall, except as provided in this section, lie only if the 
Administrative Law Judge certifies such orders or rulings for appeal, or 
otherwise as provided. The Administrative Law Judge may certify an order 
or ruling for appeal to the Environmental Appeals Board when: (a) The 
order or ruling involves an important question of law or policy about 
which there is substantial ground for difference of opinion; and (b) 
either (1) an immediate appeal from the order and ruling will materially 
advance the ultimate termination of the proceeding or (2) review after 
the final judgment is issued will be inadequate or ineffective. The 
Administrative Law Judge shall certify orders or rulings for appeal only 
upon the request of a party. If the Environmental Appeals Board 
determines that certification was improvidently granted, or takes no 
action within thirty (30) days of the certification, the appeal shall be 
deemed dismissed. When an order or ruling is not certified by the 
Administrative Law Judge, it shall be reviewed by the Environmental 
Appeals Board only upon appeal from the initial or accelerated decision 
except when the Environmental Appeals Board determines, upon request of 
a party and in exceptional circumstances, that delaying review would be 
deleterious to vital public or private interests. Except in 
extraordinary circumstances proceedings will not be stayed pending an 
interlocutory appeal; where a stay is granted, a stay of more than 30 
days must be approved by the Environmental Appeals Board. Ordinarily, 
the interlocutory appeal will be decided on the basis of the submission 
made to the Administrative Law Judge, but the Environmental Appeals 
Board may allow further briefs and oral argument.

[57 FR 5343, Feb. 13, 1992]