(a) General rule. The Board may review a ruling of the ALJ prior
to the certification of the record to the Board only in accordance
with the procedures set forth in this section and section 263.23.
8-071.1
(b) Scope of review. The Board may exercise interlocutory review of a ruling of the ALJ if the Board finds:
(1) The ruling involves a controlling question of law or policy as to which substantial grounds exist for a difference of opinion;
(2) Immediate review of the ruling may
materially advance the ultimate termination of the proceeding;
(3) Subsequent modification
of the ruling at the conclusion of the proceeding would be an inadequate
remedy; or
(4) Subsequent
modification of the ruling would cause unusual delay or expense.
8-071.2
(c) Procedure. Any request for interlocutory
review must be filed by a party with the ALJ within ten days of the
ruling and must otherwise comply with section 263.23. Any party may
file a response to a request for interlocutory review in accordance
with section 263.23(d). Upon the expiration of the time for filing
all responses, the ALJ will refer the matter to the Board for final
disposition.
8-071.3
(d) Suspension of proceeding. Neither a request for interlocutory review nor any disposition of
such a request by the Board under this section suspends or stays the
proceeding unless otherwise ordered by the ALJ or the Board.
