Code of Federal Regulations · Section
§ 1201.92 — Criteria For Certifying Interlocutory Appeals
5 C.F.R. § 1201.92
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The judge will certify a ruling for review only if the record shows that:
(a) The ruling involves an important question of law or policy about which there is substantial ground for difference of opinion; and
(b) An immediate ruling will materially advance the completion of the proceeding, or the denial of an immediate ruling will cause undue harm to a party or the public.
Authorizing Statute
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Regulations38 U.S.C. § 4331
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Powers and functions of the Merit Systems Protection Board5 U.S.C. § 1204