§ 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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