§ 13.219 - Interlocutory appeals.

§ 13.219 Interlocutory appeals.

(a) General. Unless otherwise provided in this subpart, a party may not appeal a ruling or decision of the administrative law judge to the FAA decisionmaker until the initial decision has been entered on the record. A decision or order of the FAA decisionmaker on the interlocutory appeal does not constitute a final order of the Administrator for the purposes of judicial appellate review as provided in § 13.235 of this subpart.

(b) Interlocutory appeal for cause. If a party orally requests or files a written request for an interlocutory appeal for cause with the administrative law judge, or orally requests an interlocutory appeal for cause, the proceedings are stayed until the administrative law judge issues a decision on the request. Any written request for interlocutory appeal for cause must be filed in the FAA Hearing Docket and served on each party and on the administrative law judge. If the administrative law judge grants the request, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal. The administrative law judge shall grant an interlocutory appeal for cause must grant the request if a party shows that delay of the appeal would be detrimental to the public interest or would result in undue prejudice to any party.

(c) Interlocutory appeals of right. If a party notifies the administrative law judge of an interlocutory appeal of right, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal. A party may file an interlocutory appeal with the FAA decisionmakerof right, without the consent of the administrative law judge, before an initial decision has been entered in the case of:

(1) A ruling or order by the administrative law judge barring a person from the proceedings. ;

(2) Failure of the administrative law judge to dismiss the proceedings in accordance with § 13.215 of this subpart. ; or

(3) A ruling or order by the administrative law judge in violation of § 13.205(b) of this subpart.

(d) Procedure. A party shall must file a notice of interlocutory appeal, with supporting documents, with the FAA decisionmaker and the hearing docket clerkHearing Docket, and shall must serve a copy of the notice and supporting documents on each party and the administrative law judge , not later than 10 days after the administrative law judge's decision forming the basis of an interlocutory appeal of right, or not later than 10 days after the administrative law judge's decision granting an interlocutory appeal for cause, whichever is as appropriate. A party shall must file a reply brief, if any, with the FAA decisionmaker Hearing Docket, and serve a copy of the reply brief on each party , and the administrative law judge not later than 10 days after service of the appeal brief. The FAA decisionmaker shall must render a decision on the interlocutory appeal , on the record and as a part of the decision in the proceedings, within a reasonable time after receipt of the interlocutory appeal.

(e) Summary rejection. The FAA decisionmaker may reject frivolous, repetitive, or dilatory appeals, and may issue an order precluding one or more parties from making further interlocutory appeals in a proceeding in which there have been frivolous, repetitive, or dilatory interlocutory appeals.

[Amdt. 13-21, 55 FR 27575, July 3, 1990, as amended by Amdt. 13-23, 55 FR 45983, Oct. 31, 1990; 71 FR 70464, Dec. 5, 2006]