The presiding Judge must dismiss the appeal if:
(a) The appeal is untimely filed under § 134.1303;
(b) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination; or
(c) 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,
634,
637,
648,
656,
657t; 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 134.1309