13 CFR § 134.215 - Interlocutory appeals.
---
identifier: "/us/cfr/t13/s134.215"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "13 CFR § 134.215 - Interlocutory appeals."
title_number: 13
title_name: "Business Credit and Assistance"
section_number: "134.215"
section_name: "Interlocutory appeals."
chapter_name: "SMALL BUSINESS ADMINISTRATION"
part_number: "134"
part_name: "RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189."
regulatory_source: "61 FR 2683, Jan. 29, 1996, unless otherwise noted."
cfr_part: "134"
---
# 134.215 Interlocutory appeals.
(a) *General.* A motion for leave to take an interlocutory appeal from a Judge's ruling will not be entertained in those proceedings in which OHA issues final decisions. In all other cases, an interlocutory appeal will be permitted only if, upon motion by a party, or upon the Judge's own initiative, the Judge certifies that his or her ruling raises a question which is immediately appealable. Interlocutory appeals will be decided by the AA/OHA or a designee.
(b) *Motion for certification.* A party must file and serve a motion for certification no later than 20 days after issuance of the ruling to which the motion applies. A denial of the motion does not preclude objections to the ruling in any subsequent request for review of an initial decision.
(c) *Basis for certification.* The Judge will certify a ruling for interlocutory appeal only if he or she determines that:
(1) The ruling involves an important question of law or policy about which there is substantial ground for a difference of opinion; and
(2) An interlocutory appeal will materially expedite resolution of the case, or denial of an interlocutory appeal would cause undue hardship to a party.
(d) *Stay of proceedings.* A stay while an interlocutory appeal is pending will be at the discretion of the Judge.
[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002]