[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR10.139]

[Page 366-367]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.139  Administrative law judge; appointment; responsibilities; review of interlocutory orders; stays.

    (a) Appointment. An administrative law judge, appointed under 5 
U.S.C. 3105, shall conduct disciplinary proceedings as provided by this 
part.
    (b) Responsibilities. The administrative law judge shall have 
authority to:
    (1) Administer oaths and affirmations;
    (2) Make rulings upon motions and other requests;
    (3) Rule upon offers of proof, receive relevant evidence, and 
examine witnesses;
    (4) Authorize the taking of a deposition of a witness in lieu of 
personal appearance of the witness before the administrative law judge;
    (5) Determine the time and place of any hearing and regulate its 
course and conduct;
    (6) Hold or provide for the holding of conferences to settle or 
simplify the issues;
    (7) Receive and consider oral or written arguments on facts or law;
    (8) Adopt procedures and modify procedures from time to time as 
occasion requires for the orderly disposition of proceedings;
    (9) Make initial decisions under Sec. 10.154; and
    (10) Perform acts and take measures as necessary to promote the 
efficient and timely conduct of any disciplinary proceeding.
    (c) Time for making initial decision. The administrative law judge 
shall set

[[Page 367]]

times and exercise control over a disciplinary proceeding such that an 
initial decision under Sec. 10.154 is normally issued within six months 
of the date a complaint is filed. The administrative law judge may, 
however, issue an initial decision more than six months after a 
complaint is filed if in his or her opinion there exist unusual 
circumstances which preclude issuance of an initial decision within six 
months of the filing of the complaint.
    (d) Review of interlocutory orders. An interlocutory order of an 
administrative law judge will not be reviewed by the Commissioner 
except:
    (1) When the administrative law judge shall be of the opinion (i) 
that the interlocutory order involves a controlling question of 
procedure or law as to which there is a substantial ground for a 
difference of opinion and (ii) that an immediate decision by the 
Commissioner may materially advance the ultimate termination of the 
disciplinary proceeding or
    (2) In an extraordinary situation where justice requires review
    (e) Stays pending review of interlocutory order. If the Director or 
a respondent seeks review of an interlocutory order of an administrative 
law judge under paragraph (b)(2) of this section, any time period set 
for taking action by the administrative law judge shall not be stayed 
unless ordered by the Commissioner or the administrative law judge.

[50 FR 5172, Feb. 6, 1985; 50 FR 25073, June 17, 1985]