§  1.301   Appeal from interlocutory rulings by a presiding officer, other than
the Commission, or a case manager; effective date of ruling.

   (a) Interlocutory rulings which are appealable as a matter of right.
   Rulings listed in this paragraph are appealable as a matter of right.
   An appeal from such a ruling may not be deferred and raised as an
   exception to the initial decision.

   (1) If a ruling denies or terminates the right of any person to
   participate as a party to a hearing proceeding, such person, as a
   matter of right, may file an appeal from that ruling.

   (2) If a ruling requires testimony or the production of documents, over
   objection based on a claim of privilege, the ruling on the claim of
   privilege is appealable as a matter of right.

   (3) If a ruling denies a motion to disqualify the presiding officer or
   case manager, the ruling is appealable as a matter of right.

   (4) A ruling removing counsel from the hearing is appealable as a
   matter of right, by counsel on his own behalf or by his client. (In the
   event of such ruling, the presiding officer will adjourn the hearing
   proceeding for such period as is reasonably necessary for the client to
   secure new counsel and for counsel to become familiar with the case).

   (b) Other interlocutory rulings. Except as provided in paragraph (a) of
   this section, appeals from interlocutory rulings shall be filed only if
   allowed by the presiding officer. Any party desiring to file an appeal
   shall first file a request for permission to file appeal. The request
   shall be filed within 5 days after the order is released or (if no
   written order) after the ruling is made. Pleadings responsive to the
   request shall be filed only if they are requested by the presiding
   officer. If the presiding officer made the ruling, the request shall
   contain a showing that the appeal presents a new or novel question of
   law or policy and that the ruling is such that error would be likely to
   require remand should the appeal be deferred and raised as an
   exception. If a case manager made the ruling, the request shall contain
   a showing that the appeal presents a question of law or policy that the
   case manager lacks authority to resolve. The presiding officer shall
   determine whether the showing is such as to justify an interlocutory
   appeal and, in accordance with his determination, will either allow or
   disallow the appeal or modify the ruling. Such ruling is final:
   Provided, however, That the Commission may, on its own motion, dismiss
   an appeal allowed under this section on the ground that objection to
   the ruling should be deferred and raised after the record is certified
   for decision by the Commission or as an exception to an initial
   decision.

   (1) If an appeal is not allowed, or is dismissed by the Commission, or
   if permission to file an appeal is not requested, objection to the
   ruling may be raised after the record is certified for decision by the
   Commission or on review of the initial decision.

   (2) If an appeal is allowed and is considered on its merits, the
   disposition on appeal is final. Objection to the ruling or to the
   action on appeal may not be raised after the record is certified for
   decision by the Commission or on review of the initial decision.

   (3) If the presiding officer modifies their initial ruling, any party
   adversely affected by the modified ruling may file a request for
   permission to file appeal, pursuant to the provisions of this
   paragraph.

   (c) Procedures, effective date. (1) Unless the presiding officer orders
   otherwise, rulings made shall be effective when the order is released
   or (if no written order) when the ruling is made. The Commission may
   stay the effect of any ruling that comes before it for consideration on
   appeal.

   (2) Appeals filed under paragraph (a) of this section shall be filed
   within 5 days after the order is released or (if no written order)
   after the ruling is made. Appeals filed under paragraph (b) of this
   section shall be filed within 5 days after the appeal is allowed.

   (3) The appeal shall conform with the specifications set out in § 1.49
   and shall be subscribed and verified as provided in § 1.52.

   (4) The appeal shall be served on parties to the proceeding (see § § 1.47
   and 1.211), and shall be filed with the Secretary, Federal
   Communications Commission, Washington, D.C. 20554.

   (5) The appeal shall not exceed 5 double-spaced typewritten pages.

   (6) Appeals are acted on by the Commission.

   (7) Oppositions and replies shall be served and filed in the same
   manner as appeals and shall be served on appellant if he is not a party
   to the proceeding. Oppositions shall be filed within 5 days after the
   appeal is filed. Replies shall not be permitted, unless the Commission
   specifically requests them. Oppositions shall not exceed 5
   double-spaced typewritten pages. Replies shall not exceed 5
   double-spaced typewritten pages.

   (Secs. 4, 303, 307, 48 Stat., as amended, 1066, 1082, 1083; 47 U.S.C.
   154, 303, 307)

   [ 35 FR 17333 , Nov. 11, 1970, as amended at  40 FR 39509 , Aug. 28, 1975;
    41 FR 14874 , Apr. 8, 1976;  41 FR 28789 , July 13, 1976;  46 FR 58682 ,
   Dec. 3, 1981;  55 FR 36641 , Sept. 6, 1990;  62 FR 4171 , Jan. 29, 1997;  85 FR 63179 , Oct. 6, 2020]