Code of Federal Regulations · Section

§ 134.1309 — When Will A Judge Dismiss An Appeal?

13 C.F.R. § 134.1309

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The presiding Judge must dismiss the appeal if:

(a) The appeal is untimely filed under § 134.1303;

(b) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination; or

(c) The matter has been decided or is the subject of adjudication before a court of competent jurisdiction over such matters; however, once an appeal has been filed, initiation of litigation of the matter in a court of competent jurisdiction will not preclude the Judge from rendering a final decision on the matter.

13 C.F.R. § 134.1308 13 C.F.R. § 134.1310

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