43 CFR 4.28
§ 4.28 Interlocutory appeals.
United States · 43 CFR — Public Lands: Interior · Status: effective
Cite this
- Citation
- 43 CFR 4.28, § 4.28 Interlocutory appeals, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/208771
- Permanent ID
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.