§  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 part 76 proceeding 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, except that in proceedings
   brought pursuant to § §  76.1003, 76.1302, and 76.1513 of this part,
   unless a stay is granted by the Commission, the decision by the
   administrative law judge will become effective upon release and will
   remain in effect pending appeal.

   [ 64 FR 6571 , Feb. 10, 1999]

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