Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 460. Department of Mines |
Chapter 2. Rule of Practice and Procedure for the Coal Reclamation Act of 1979 |
Subchapter 19. Appeals to the Director From Decisions or Orders of Hearing Examiners |
SECTION 460:2-19-3. Interlocutory appeals
Latest version.
- (a) If a party has sought certification under 460:2-3-5, that party may petition the Director for permission to appeal from an interlocutory ruling by a hearing examiner.(b) A petition under this section shall be in writing and not exceed 10 pages in length.(c) If the correctness of the ruling sought to be reviewed involves a controlling issue of law the resolution of which will materially advance final disposition of the case the Director may grant the petition.(d) Upon granting the petition under this section, the Director may dispense with briefing or issue a briefing schedule.(e) Unless the Director or the hearing examiner orders otherwise, an interlocutory appeal shall not operate as a stay of further proceedings before the examiner.(f) In deciding an interlocutory appeal, the Director shall confine himself to the issue presented on appeal.(g) The Director shall promptly decide appeals under this section.(h) Upon affirmance, reversal, or modification of the hearing examiner's interlocutory ruling or order, the jurisdiction of the Director shall terminate, and the case shall be remanded promptly to the hearing examiner for further proceedings.