[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.7]

[Page 493]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                            Subpart A_General
 
Sec. 820.7  Questions of policy or law.

    (a) Certification. There shall be no interlocutory appeal from any 
ruling order, or action decision of a DOE Official except as permitted 
by this section. A Presiding Officer in an enforcement adjudication may 
certify, in his discretion, a question to the Secretary, when the order 
or ruling involves an important question of law or policy concerning 
which there is substantial grounds for difference of opinion, and either 
an immediate decision will materially advance the ultimate termination 
of the proceeding, or subsequent review will be inadequate or 
ineffective.
    (b) Decision. The certified question shall be decided as soon as 
practicable. If the Secretary determines that the question was 
improvidently certified, or if he takes no action within thirty days of 
the certification, the certification is dismissed. The Secretary may 
decide the question on the basis of the submission made by the Presiding 
Officer or may request further information from any person.