| (a) Availability of Appeal. Appeals are available for
any order of the presiding hearings officer that immediately prejudices
a substantial or material right of a party, or materially affects
the course of the hearing, other than evidentiary rulings. Interim
orders shall not be subject to exceptions or applications for rehearing
prior to issuance of a report of a presiding hearings officer.
(b) Procedure for Appeal. If the presiding hearings
officer intends to reduce an oral ruling to a written order, the presiding
hearings officer shall so indicate on the record at the time of the
oral ruling and shall promptly issue the written order. Any appeal
to the executive director as to matters within his or her jurisdiction
shall be filed within five working days of the issuance of the written
order or the appealable oral ruling. The appeal shall be served on
all parties by hand delivery, facsimile transmission, or by overnight
courier delivery.
(c) Contents. An appeal shall specify the reasons why
the interim order is unjustified or improper.
(d) Responses. Any response to an appeal shall be filed
within five working days of the filing of the appeal.
(e) Motions for Stay. Pending a ruling by the executive
director, the presiding hearings officer may, upon motion, grant a
stay of the interim order. A motion for a stay shall specify the basis
for a stay. Good cause shall be shown for granting a stay. The mere
filing of an appeal shall not stay the interim order or the procedural
schedule.
(f) Denial. The executive director shall rule on the
interim order within 20 days of the filing of the appeal. If the executive
director does not rule on the appeal within 20 days of its filing,
or extend the time for ruling, the interim order is deemed approved
and any granted stay is lifted. The appeal may be carried with the
underlying case provided the executive director does not act upon
the appeal within the time provided in this section.
(g) Reconsideration. The presiding hearings officer
may treat an appeal as a motion for reconsideration and may withdraw
or modify the order under appeal prior to a decision on the appeal.
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