617. DISCOVERY

617 INTERLOCUTORY APPEALS 617.1 An interlocutory appeal is an appeal to the Board of a ruling made by an Administrative Judge during the course of a proceeding. The Administrative Judge may permit this appeal if he or she determines that the issue presented is of such importance to the proceeding that it requires immediate consideration by the Board. The Board shall make a decision on the issue and the Administrative Judge shall proceed in accordance with that decision. 617.2 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. 617.3 The Administrative Judge shall grant or deny a motion for certification. If certification is granted, the record shall be referred to the Board. 617.4 At the discretion of the Administrative Judge, the proceeding may be stayed during the time an interlocutory appeal is pending. The Board may stay a proceeding during the time an interlocutory appeal is pending. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).