- Part Number:1905
- Part Number Title:Rules of Practice for Variances Limitations Variations Tolerances and Exemptions Under the Williams Steiger Occupational Safety and Health Act of 1970
- Subpart:1905 Subpart D
- Subpart Title:Summary Decisions
- Standard Number:
- Title:Motion for summary decision.
- GPO Source:
The filing of any documents under paragraph (a) of this section shall be with the hearing examiner, and copies of any such documents shall be served in accordance with §1905.21.
The denial of all or any part of a motion for summary decision by the hearing examiner shall not be subject to interlocutory appeal to the Assistant Secretary unless the hearing examiner certifies in writing
that the ruling involves an important question of law or policy as to which there is substantial ground for difference of opinion, and
that an immediate appeal from the ruling may materially advance the ultimate termination of the proceeding. The allowance of such an interlocutory appeal shall not stay the proceeding before the hearing examiner unless the Assistant Secretary shall so order.