619.1 The Administrative Judge may permit an interlocutory appeal if they determine that the issue presented is of such importance to the proceeding that it requires the Board's immediate consideration.

619.2 A party seeking review by interlocutory appeal must file a motion for certification within five (5) business days of service of the Administrative Judge's determination. The motion shall include arguments in support of both the certification and the determination to be made by the Board.

619.3 The Administrative Judge shall grant or deny a motion for certification.

619.4 If certification is granted, the record shall be referred to the Board and the Board shall make a decision on the issue. The Administrative Judge shall proceed in accordance with the Board's decision.

619.5 At the discretion of the Administrative Judge or the Board, the proceeding may be stayed while an interlocutory appeal is pending.

SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2140 (March 16, 2012); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).