Ask X3What does 49 CFR 386.52 (Appeals from interlocutory rulings) require?
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As a motor-carrier owner, here is what 49 CFR 386.52 requires regarding appeals from interlocutory rulings:
* Wait for the Final Decision: Generally, you cannot appeal an Administrative Law Judge's (ALJ) ruling or decision to the Agency Decisionmaker until the ALJ's final decision has been entered on the record.
* Appealing for Cause: If you want an interlocutory appeal for cause, you must make a written or oral request to the ALJ. This pauses (stays) the proceedings until the ALJ decides on your request. If the ALJ grants it, the proceedings remain paused until the Agency Decisionmaker issues a decision.
* When the ALJ Must Grant an Appeal: The ALJ is required to grant an interlocutory appeal for cause if you show that delaying the appeal would harm the public interest or cause undue prejudice to any party.
* Filing Deadlines and Procedure:
* You must file a notice of interlocutory appeal (along with any supporting documents) with the Agency Decisionmaker, and serve copies to all parties and the ALJ, within 10 days of the ALJ issuing an oral decision or serving a written decision.
* If you need to file a reply brief, you must file it with the Agency Decisionmaker and serve a copy to each party within 10 days after the appeal brief is served.
* Agency Review: The Agency Decisionmaker will issue a decision on the appeal within a reasonable time and has the authority to reject appeals that are frivolous, repetitive, or meant to cause delay.