[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.81]

[Page 49]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
                          Subpart B_Procedures
 
Sec.  28.81  Procedures and criteria for certification.

    (a) Interlocutory review by the Board of a ruling by the 
administrative judge during the course of the proceeding is disfavored 
and will be permitted only in circumstances where:
    (1) The ruling involves an important question of law or policy about 
which there is substantial ground for difference of opinion; and
    (2) An immediate review of the ruling by the Board will materially 
advance the completion of the proceeding, or denial will cause undue 
harm to a party or the public.
    (b) The administrative judge may, on motion of a party or on his or 
her own motion, certify an interlocutory ruling to the Board for its 
immediate consideration. Any such certification shall explain the basis 
on which the administrative judge concluded that the standards for 
interlocutory review have been met. If the Board nevertheless determines 
that the certification does not meet those standards it may decline to 
accept the certification.
    (c) A motion for certification to the Board of an interlocutory 
ruling by the administrative judge shall be filed within 10 days after 
service of the ruling upon the parties. The motion shall include 
arguments in support of both the certification and the determination to 
be made by the Board. Responses, if any, shall be filed within 10 days 
after service of the motion.
    (d) The grant or denial of a motion for certification of an 
interlocutory ruling shall not be appealable. The administrative judge 
shall promptly bring a denial of such a motion, and the reasons 
therefor, to the attention of the Board. If, upon its consideration of 
the motion and the underlying record, the Board believes that 
interlocutory review is warranted, it may grant the motion sua sponte.
    (e) Upon its acceptance of a ruling of the administrative judge for 
interlocutory review, the Board shall issue an order setting forth the 
procedures that will be followed in the conduct of that review.
    (f) Unless otherwise directed by the Board, the stay of any 
proceedings during the pendency of either a motion for certification or 
an interlocutory review itself shall be within the discretion of the 
administrative judge.
    (g) The denial of a motion for certification does not affect the 
right of the parties to challenge interlocutory rulings in the course of 
the review by the Board of initial or recommended decisions.

          Board Decisions, Attorney's Fees and Judicial Review