CFR > Title 15 - Commerce and Foreign Trade > SUBTITLE B—Regulations Relating to Commerce and Foreign Trade > CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE (parts 902 to 996) > SUBCHAPTER A—GENERAL REGULATIONS (parts 902 to 918) > PART 904—CIVIL PROCEDURES > SUBPART C—Hearing and Appeal Procedures (§904.200 to §904.273) > 904.254—Interlocutory review.

904.254—Interlocutory review.

(a) Application for interlocutory review shall be made to the Judge. The application shall not be certified to the Administrator except when the Judge determines that:
(1) The ruling involves a dispositive question of law or policy about which there is substantial ground for difference of opinion; or
(2) An immediate ruling will materially advance the completion of the proceeding; or
(3) The denial of an immediate ruling will cause irreparable harm to a party or the public.
(b) Any application for interlocutory review shall:
(1) Be filed with the Judge within 30 days after the Judge's ruling;
(2) Designate the ruling or part thereof from which appeal is being taken;
(3) Set forth the ground on which the appeal lies; and
(4) Present the points of fact and law relied upon in support of the position taken.
(c) Any party that opposes the application may file a response within 20 days after service of the application.
(d) The certification to the Administrator by the Judge shall stay proceedings before the Judge until the matter under interlocutory review is decided.