General rule. The Board may review a ruling of the administrative law judge prior to the certification of the record to the Board only in accordance with the procedures set forth in this section and § 263.23.
Scope of review. The Board may exercise interlocutory review of a ruling of the administrative law judge if the Board finds that:
The ruling involves a controlling question of law or policy as to which substantial grounds exist for a difference of opinion;
Immediate review of the ruling may materially advance the ultimate termination of the proceeding;
Subsequent modification of the ruling at the conclusion of the proceeding would be an inadequate remedy; or
Subsequent modification of the ruling would cause unusual delay or expense.
Procedure. Any request for interlocutory review shall be filed by a party with the administrative law judge within ten days of his or her ruling and shall otherwise comply with § 263.23. Any party may file a response to a request for interlocutory review in accordance with § 263.23(d). Upon the expiration of the time for filing all responses, the administrative law judge shall refer the matter to the Board for final disposition.
Suspension of proceeding. Neither a request for interlocutory review nor any disposition of such a request by the Board under this section suspends or stays the proceeding unless otherwise ordered by the administrative law judge or the Board.
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