(a) Motion for certification. A party seeking the certification of an interlocutory appeal must file a motion for certification within 10 days of the date of the ruling to be appealed. The motion must be filed with the judge, and must state why certification is appropriate and what the Board should do and why. The opposing party may file objections within 10 days of the date of service of the motion, or within any other time period that the judge may designate.
(b) Certification and review. The judge will grant or deny a motion for certification within five days after receiving all pleadings or, if no response is filed, within 10 days after receiving the motion. If the judge grants the motion for certification, he or she will refer the record to the Board. If the judge denies the motion, the party that sought certification may raise the matter at issue in a petition for review filed after the initial decision is issued, in accordance with §§ 1201.113 and 1201.114 of this part.
(c) Stay of appeal. The judge has the authority to proceed with or to stay the processing of the appeal while an interlocutory appeal is pending with the Board. The passage of time during any stay granted under this section is not deemed, or accounted for, as a case suspension under § 1201.28 of this part. If the judge does not stay the appeal, the Board may do so while an interlocutory appeal is pending with it.
[54 FR 53504, Dec. 29, 1989, as amended at 77 FR 62367, Oct. 12, 2012]
Notes of Decisions
Vera Davis-Clewis v. Dep't of Vets. Affairs, 2024 MSPB 5 (MSPB 2024).
“452 , 455 (1991); 5 C.F.R. § 1201.93 (b). We do not address the administrative judge’s denial of the appellant’s request for interlocutory review of jurisdictional, timeliness, and procedural issues for the same reason.”
John Doe v. Sec. & Exch. Comm'n (MSPB 2016).
“See 5 C.F.R. § 1201.93 (c) (stating that the administrative judge has the discretion to stay the processing of an appeal while an interlocutory appeal is pending).”
David Mason v. Dep't of Homeland Sec. (MSPB 2024).
“; 5 C.F.R. § 1201.93 (b). Here, the administrative judge denied the appellant’s request for a stay, but the appellant did not submit a request for an interlocutory appeal of that decision.”
Kevin Franken v. Dep't of the Army (MSPB 2024).
“5 C.F.R. § 1201.93 (a). Here, the appellant did not file a motion for certification with the administrative judge within 10 days, or at all, with respect 3 Even if the appellant had raised this issue before the administrative judge, it appears that his prior discipline would…”
Darin A Jones v. Dep't of the Navy (MSPB 2024).
“Because the appellant did not file a motion seeking the certification of an interlocutory appeal before the administrative judge, see 5 C.F.R. § 1201.93 (a), he is precluded from doing so on review, see Banks v.”
Jones v. MSPB (Fed. Cir. 2026).
“See Board Decision, at *5 (citing 5 C.F.R. § 1201.93 (a) and Banks v. Department of the Air Force, 4 M.”
John Doe v. Dep't of Just., 2014 MSPB 75 (MSPB 2014).
· cites it 2× “See IAF, Tab 21 (denying the appellant’s motion to expand the hearing on May 8, 2013), Tab 22 (reflecting that the motion for certification of interlocutory review was filed on May 12, 2013), Tab 24 (reflecting that the agency’s objections were filed on May 22, 2014); see also 5…”
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