Section 13.219

14 CFR Ch. I (1-1-19 Edition)
party may file an interlocutory appeal
with the FAA decisionmaker, without
the consent of the administrative law
judge, before an initial decision has
been entered in the case of:
(1) A ruling or order by the administrative law judge barring a person from
the proceedings.
(2) Failure of the administrative law
judge to dismiss the proceedings in accordance with Section 13.215 of this subpart.
(3) A ruling or order by the administrative law judge in violation of
Section 13.205(b) of this subpart.
(d) Procedure. A party shall file a notice of interlocutory appeal, with supporting documents, with the FAA decisionmaker and the hearing docket
clerk, and shall serve a copy of the notice and supporting documents on each
party and the administrative law
judge, not later than 10 days after the
administrative law judge-s decision
forming the basis of an interlocutory
appeal of right or not later than 10
days after the administrative law
judge-s decision granting an interlocutory appeal for cause, whichever is appropriate. A party shall file a reply
brief, if any, with the FAA decisionmaker and serve a copy of the reply
brief on each party, not later than 10
days after service of the appeal brief.
The FAA decisionmaker shall render a
decision on the interlocutory appeal,
on the record and as a part of the decision in the proceedings, within a reasonable time after receipt of the interlocutory appeal.
(e) The FAA decisionmaker may reject frivolous, repetitive, or dilatory
appeals, and may issue an order precluding one or more parties from making further interlocutory appeals in a
proceeding in which there have been
frivolous, repetitive, or dilatory interlocutory appeals.

the motion for disqualification and
supporting affidavit show a basis for
disqualification, the administrative
law judge shall withdraw from the proceedings immediately. If the administrative law judge finds that disqualification is not warranted, the administrative law judge shall deny the motion
and state the grounds for the denial on
the record. If the administrative law
judge fails to rule on a party-s motion
for disqualification within 15 days after
the motion has been filed, the motion
is deemed granted.
(iv) Appeal. A party may appeal the
administrative law judge-s denial of
the motion for disqualification in accordance with Section 13.219(b) of this subpart.

spaschal on DSK3GDR082PROD with CFR

[Amdt. 13-21, 55 FR 27575, July 3, 1990, as
amended by 71 FR 70464, Dec. 5, 2006]

Section 13.219 Interlocutory appeals.
(a) General. Unless otherwise provided in this subpart, a party may not
appeal a ruling or decision of the administrative law judge to the FAA decisionmaker until the initial decision
has been entered on the record. A decision or order of the FAA decisionmaker
on the interlocutory appeal does not
constitute a final order of the Administrator for the purposes of judicial appellate review as provided in Section 13.235 of
this subpart.
(b) Interlocutory appeal for cause. If a
party files a written request for an interlocutory appeal for cause with the
administrative law judge, or orally requests an interlocutory appeal for
cause, the proceedings are stayed until
the administrative law judge issues a
decision on the request. If the administrative law judge grants the request,
the proceedings are stayed until the
FAA decisionmaker issues a decision
on the interlocutory appeal. The administrative law judge shall grant an
interlocutory appeal for cause if a
party shows that delay of the appeal
would be detrimental to the public interest or would result in undue prejudice to any party.
(c) Interlocutory appeals of right. If a
party notifies the administrative law
judge of an interlocutory appeal of
right, the proceedings are stayed until
the FAA decisionmaker issues a decision on the interlocutory appeal. A

[Amdt. 13-21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13-23, 55 FR 45983, Oct. 31,
1990; 71 FR 70464, Dec. 5, 2006]

Section 13.220

Discovery.

(a) Initiation of discovery. Any party
may initiate discovery described in
this section, without the consent or approval of the administrative law judge,
at any time after a complaint has been
filed in the proceedings.

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