![]() |
Code of Federal Regulations (Last Updated: July 5, 2024) |
![]() |
Title 49 - Transportation |
![]() |
Subtitle B - Other Regulations Relating to Transportation |
![]() |
Chapter III - Federal Motor Carrier Safety Administration, Department of Transportation |
![]() |
SubChapter B - Federal Motor Carrier Safety Regulations |
![]() |
Part 386 - Rules of Practice for FMCSA Proceedings |
![]() |
Subpart D - General Rules and Hearings |
§ 386.52 - Appeals from interlocutory rulings.
-
§ 386.52 Appeals from interlocutory rulings.
(a) General. Unless otherwise provided in this subpart, a party may not appeal a ruling or decision of the Administrative Law Judge to the Assistant Administrator Agency Decisionmaker until the Administrative Law Judge's decision has been entered on the record. A decision or order of the Assistant Administrator Agency Decisionmaker on the interlocutory appeal does not constitute a Final Agency Order for the purposes of judicial review under § 386.67.
(b) Interlocutory appeal for cause. If a party 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. If the Administrative Law Judge grants the request, the proceedings are stayed until the Assistant Administrator Agency Decisionmaker issues a decision on the interlocutory appeal. The Administrative Law Judge must grant an interlocutory appeal for cause 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) [Reserved]
(d) Procedure. A party must file a notice of interlocutory appeal, with any supporting documents, with the Assistant AdministratorAgency Decisionmaker, and serve copies on each party and the Administrative Law Judge, not later than 10 days after the Administrative Law Judge's oral decision has been issued, or a written decision has been served. A party must file a reply brief, if any, with the Assistant Administrator Agency Decisionmaker and serve a copy of the reply brief on each party, not later than 10 days after service of the appeal brief. The Assistant Administrator Agency Decisionmaker will render a decision on the interlocutory appeal, within a reasonable time after receipt of the interlocutory appeal.
(e) The Assistant Administrator Agency Decisionmaker may reject frivolous, repetitive, or dilatory appeals, and may issue an order precluding one or more parties from making further interlocutory appeals, and may order such further relief as required.
[70 FR 28484, May 18, 2005]