(a) The filing of a petition seeking review by the Secretary of a
Decision and Order of an Administrative Law Judge, pursuant to
Sec. 500.264, does not stop the running of the thirty-day time limit in
which respondent may file an appeal to obtain a review in the United
States District Court of an administrative order, as provided in section
103(b)(2) or section 503(b)(2) of the Act, unless the Secretary issues a
Notice of Intent pursuant to Sec. 500.265.
(b) In the event a respondent has filed a notice of appeal of the
Administrative Law Judge's Decision and Order in a United States
District Court and the Secretary issues a Notice of Intent, the
Secretary will seek a stay of proceedings in the Court until such time
as the Secretary issues the final decision, as provided in Sec. 500.268.
(c) Where the Secretary has issued a Notice of Intent, the time for
filing an appeal under sections 103(b)(2) or 503(b)(2) of the Act shall
commence from the date of the issuance of the Secretary's final
decision, as provided in Sec. 500.268.
[54 FR 13330, Mar. 31, 1989]
