[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.52]

[Page 273-274]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                  Subpart D_General Rules and Hearings
 
Sec.  386.52  Appeals from interlocutory rulings.

    (a) General. Unless otherwise provided in this subpart, a party may 
not appeal a ruling or decision of the Administrative Law Judge to the 
Assistant Administrator until the Administrative Law Judge's decision 
has been entered on the record. A decision or order of the Assistant 
Administrator on the interlocutory appeal does not constitute a Final 
Agency Order for

[[Page 274]]

the purposes of judicial review under Sec.  386.67.
    (b) Interlocutory appeal for cause. If a party files a written 
request for an interlocutory appeal for cause with the Administrative 
Law Judge, or orally requests an interlocutory appeal for cause, the 
proceedings are stayed until the Administrative Law Judge issues a 
decision on the request. If the Administrative Law Judge grants the 
request, the proceedings are stayed until the Assistant Administrator 
issues a decision on the interlocutory appeal. The Administrative Law 
Judge must grant an interlocutory appeal for cause if a party shows that 
delay of the appeal would be detrimental to the public interest or would 
result in undue prejudice to any party.
    (d) Procedure. A party must file a notice of interlocutory appeal, 
with any supporting documents, with the Assistant Administrator, and 
serve copies on each party and the Administrative Law Judge, not later 
than 10 days after the Administrative Law Judge's oral decision has been 
issued, or a written decision has been served. A party must file a reply 
brief, if any, with the Assistant Administrator and serve a copy of the 
reply brief on each party, not later than 10 days after service of the 
appeal brief. The Assistant Administrator will render a decision on the 
interlocutory appeal, within a reasonable time after receipt of the 
interlocutory appeal.
    (e) The Assistant Administrator may reject frivolous, repetitive, or 
dilatory appeals, and may issue an order precluding one or more parties 
from making further interlocutory appeals, and may order such further 
relief as required.

[70 FR 28484, May 18, 2005]