[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1603.213]

[Page 191-192]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
   PART 1603_PROCEDURES FOR PREVIOUSLY EXEMPT STATE AND LOCAL GOVERNMENT EMPLOYEE COMPLAINTS OF EMPLOYMENT DISCRIMINATION UNDER SECTION 304 OF THE GOVERNMENT 
EMPLOYEE RIGHTS ACT OF 1991--Table of Contents
 
                           Subpart B_Hearings
 
Sec. 1603.213  Interlocutory review.

    (a) Interlocutory review may not be sought except when the 
administrative law judge determines upon motion of a party or upon his 
or her own motion that:
    (1) The ruling involves a controlling question of law or policy 
about which there is substantial ground for difference of opinion;
    (2) An immediate ruling will materially advance the completion of 
the proceeding; or

[[Page 192]]

    (3) The denial of an immediate ruling will cause irreparable harm to 
the party or the public.
    (b) Application for interlocutory review shall be filed within ten 
(10) days after notice of the administrative law judge's ruling. Any 
application for review shall:
    (1) Designate the ruling or part thereof from which appeal is being 
taken; and
    (2) Contain arguments or evidence that tend to establish one or more 
of the grounds for interlocutory review contained in paragraph (a) of 
this section.
    (c) Any party opposing the application for interlocutory review 
shall file a response to the application within 10 days after service of 
the application. The applicant shall have no right to reply to a 
response unless the administrative law judge, within his or her 
discretion, orders that a reply be filed.
    (d) The administrative law judge shall promptly certify in writing 
any ruling that qualifies for interlocutory review under paragraph (a) 
of this section.
    (e) The filing of an application for interlocutory review and the 
grant of an application shall not stay proceedings before the 
administrative law judge unless the administrative law judge or the 
Commission so orders. The Commission shall not consider a motion for a 
stay unless the motion was first made to the administrative law judge.