43 C.F.R. § 4.28
Interlocutory appeals
Interlocutory appeals from a ruling of an ALJ or IPJ are not permitted unless an ALJ or IPJ has certified the interlocutory ruling or abused their discretion in refusing a request to certify and an Appeals Board has granted permission for such an appeal. An Appeals Board will not grant permission for an interlocutory appeal except upon a showing that the interlocutory ruling involves a controlling question of law about which there are substantial grounds for a difference of opinion and that an immediate appeal will materially advance the completion of the proceeding. An interlocutory appeal will not operate to suspend the hearing unless otherwise ordered by the Appeals Board.
Notes of Decisions
Cited in 1
case, 2000–2000 · leading case: Leda Anderson, a Married Person v. Bruce Babbitt, Sec'y of the U.S. Dep't of the Interior, 230 F.3d 1158 (9th Cir. 2000).
Leda Anderson, a Married Person v. Bruce Babbitt, Sec'y of the U.S. Dep't of the Interior, 230 F.3d 1158 (9th Cir. 2000). “” The ALJ certified his order denying Anderson’s motions for interlocutory appeal, pursuant to 43 C.F.R. § 4.28 . 2 The ALJ also requested that the IBIA “fast track the appeal.”
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