§ 1.301   Appeal from presiding officer's interlocutory ruling; effective date
of ruling.

   (a) Interlocutory rulings which are appealable as a matter of right. Rulings
   listed in this paragraph are appealable as a matter of right. An appeal from
   such a ruling may not be deferred and raised as an exception to the initial
   decision.

   (1) If the presiding officer's ruling denies or terminates the right of any
   person to participate as a party to a hearing proceeding, such person, as a
   matter of right, may file an appeal from that ruling.

   (2) If the presiding officer's ruling requires testimony or the production
   of documents, over objection based on a claim of privilege, the ruling on
   the claim of privilege is appealable as a matter of right.

   (3) If the presiding officer's ruling denies a motion to disqualify the
   presiding judge, the ruling is appealable as a matter of right.

   (4) Rulings granting a joint request filed under § 1.525 without terminating
   the proceeding are appealable by any party as a matter of right.

   (5) A ruling removing counsel from the hearing is appealable as a matter of
   right, by counsel on his own behalf or by his client. (In the event of such
   ruling, the presiding officer will adjourn the hearing for such period as is
   reasonably necessary for the client to secure new counsel and for counsel to
   familiarize himself with the case).

   (b) Other interlocutory rulings. Except as provided in paragraph (a) of this
   section, appeals from interlocutory rulings of the presiding officer shall
   be filed only if allowed by the presiding officer. Any party desiring to
   file an appeal shall first file a request for permission to file appeal. The
   request shall be filed within 5 days after the order is released or (if no
   written order) after the ruling is made. Pleadings responsive to the request
   shall be filed only if they are requested by the presiding officer. The
   request shall contain a showing that the appeal presents a new or novel
   question of law or policy and that the ruling is such that error would be
   likely to require remand should the appeal be deferred and raised as an
   exception. The presiding officer shall determine whether the showing is such
   as  to  justify  an  interlocutory  appeal and, in accordance with his
   determination,  will either allow or disallow the appeal or modify the
   ruling. If the presiding officer allows or disallows the appeal, his ruling
   is final: Provided, however, That the Commission may, on its own motion,
   dismiss  an appeal allowed by the presiding officer on the ground that
   objection to the ruling should be deferred and raised as an exception. In
   the discretion of the presiding officer, the request for permission to file
   appeal may be made orally, on the record of the proceeding. The request may
   be disposed of orally.

   (1) If an appeal is not allowed, or is dismissed by the Commission, or if
   permission to file an appeal is not requested, objection to the ruling may
   be raised on review of the initial decision.

   (2) If an appeal is allowed and is considered on its merits, the disposition
   on appeal is final. Objection to the ruling or to the action on appeal may
   not be raised on review of the initial decision.

   (3)  If the presiding officer modifies the ruling, any party adversely
   affected by the modified ruling may file a request for permission to file
   appeal, pursuant to the provisions of this paragraph.

   (c) Procedures, effective date. (1) Unless the presiding officer orders
   otherwise, rulings made by him shall be effective when the order is released
   or (if no written order) when the ruling is made. The Commission may stay
   the effect of any ruling which comes before it for consideration on appeal.

   (2) Appeals filed under paragraph (a) of this section shall be filed within
   5 days after the order is released or (if no written order) after the ruling
   is made. Appeals filed under paragraph (b) of this section shall be filed
   within 5 days after the appeal is allowed.

   (3) The appeal shall conform with the specifications set out in § 1.49 and
   shall be subscribed and verified as provided in § 1.52.

   (4) The appeal shall be served on parties to the proceeding (see § § 1.47 and
   1.211),  and shall be filed with the Secretary, Federal Communications
   Commission, Washington, D.C. 20554.

   (5) The appeal shall not exceed 5 double-spaced typewritten pages.

   (6) Appeals are acted on by the Commission.

   (7) Oppositions and replies shall be served and filed in the same manner as
   appeals  and  shall be served on appellant if he is not a party to the
   proceeding. Oppositions shall be filed within 5 days after the appeal is
   filed. Replies shall not be permitted, unless the Commission specifically
   requests them. Oppositions shall not exceed 5 double-spaced typewritten
   pages. Replies shall not exceed 5 double-spaced typewritten pages.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C. 154,
   303, 307)

   [ 35 FR 17333 , Nov. 11, 1970, as amended at  40 FR 39509 , Aug. 28, 1975;  41 FR 14874 , Apr. 8, 1976;  41 FR 28789 , July 13, 1976;  46 FR 58682 , Dec. 3, 1981;
    55 FR 36641 , Sept. 6, 1990;  62 FR 4171 , Jan. 29, 1997]

   return arrow Back to Top