Goto Section: 76.9 | 76.11 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 76.10 Review.
(a) Interlocutory review. (1) Except as provided below, no party may
seek review of interlocutory rulings until a decision on the merits has
been issued by the staff or administrative law judge.
(2) Rulings listed in this paragraph are reviewable as a matter of
right. An application for review of such ruling may not be deferred and
raised as an exception to a decision on the merits.
(i) If the staff's ruling denies or terminates the right of any person
to participate as a party to the proceeding, such person, as a matter
of right, may file an application for review of that ruling.
(ii) If the staff's ruling requires production of documents or other
written evidence, over objection based on a claim of privilege, the
ruling on the claim of privilege is reviewable as a matter of right.
(iii) If the staff's ruling denies a motion to disqualify a staff
person from participating in the proceeding, the ruling is reviewable
as a matter of right.
(b) Petitions for reconsideration. Petitions for reconsideration of
interlocutory actions by the Commission's staff or by an administrative
law judge will not be entertained. Petitions for reconsideration of a
decision on the merits made by the Commission's staff should be filed
in accordance with § § 1.104 through 1.106 of this chapter.
(c) Application for review. (1) Any party to a part 76 proceeding
aggrieved by any decision on the merits issued by the staff pursuant to
delegated authority may file an application for review by the
Commission in accordance with § 1.115 of this chapter.
(2) Any party to a proceeding under this part aggrieved by any decision
on the merits by an administrative law judge may file an appeal of the
decision directly with the Commission, in accordance with § § 1.276(a)
and 1.277(a) through (c) of this chapter.
[ 64 FR 6571 , Feb. 10, 1999, as amended at 85 FR 81812 , Dec. 17, 2020]
Goto Section: 76.9 | 76.11
Goto Year: 2020 |
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