12 C.F.R. § 747.28

Current through October 31, 2024
Section 747.28 - Interlocutory review
(a)General rule. The NCUA Board may review a ruling of the ALJ prior to the certification of the record to the NCUA Board only in accordance with the procedures set forth in this section and § 747.23 .
(b)Scope of review. The NCUA Board may exercise interlocutory review of a ruling of the ALJ if the NCUA Board finds:
(1) The ruling involves a controlling question of law or policy as to which substantial grounds exist for a difference of opinion;
(2) Immediate review of the ruling may materially advance the ultimate termination of the proceeding;
(3) Subsequent modification of the ruling at the conclusion of the proceeding would be an inadequate remedy; or
(4) Subsequent modification of the ruling would cause unusual delay or expense.
(c)Procedure. Any request for interlocutory review must be filed by a party with the ALJ within ten days of the ruling and must otherwise comply with § 747.23 . Any party may file a response to a request for interlocutory review in accordance with § 747.23(d) . Upon the expiration of the time for filing all responses, the ALJ will refer the matter to the NCUA Board for final disposition.
(d)Suspension of proceeding. Neither a request for interlocutory review nor any disposition of such a request by the NCUA Board under this section suspends or stays the proceeding unless otherwise ordered by the ALJ or the NCUA Board.

12 C.F.R. §747.28

88 FR 89962 , 4/1/2024