1. Regulations
  2. title 13
  3. chapter I
  4. part 134
  5. subpart G
  6. § 134.709

View all text of Subpart G [§ 134.701 - § 134.715]

§ 134.709 - When will a Judge dismiss an appeal?

(a) The presiding Judge must dismiss the appeal if the appeal is untimely filed under § 134.703.

(b) 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.

AUTHORITY: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189.

SOURCE: 61 FR 2683, Jan. 29, 1996, unless otherwise noted.

CITE AS: 13 CFR 134.709