Section 263.28 - Interlocutory review(a)General rule. The Board may review a ruling of the administrative law judge prior to the certification of the record to the Board only in accordance with the procedures set forth in this section and § 263.23 .(b)Scope of review. The Board may exercise interlocutory review of a ruling of the administrative law judge if the Board finds that:(1) The ruling involves a controlling question of law or policy as to which substantial grounds exist for a difference of opinion;(2) Immediate review of the ruling may materially advance the ultimate termination of the proceeding;(3) Subsequent modification of the ruling at the conclusion of the proceeding would be an inadequate remedy; or(4) Subsequent modification of the ruling would cause unusual delay or expense.(c)Procedure. Any request for interlocutory review shall be filed by a party with the administrative law judge within ten days of his or her ruling and shall otherwise comply with § 263.23 . Any party may file a response to a request for interlocutory review in accordance with § 263.23(d) . Upon the expiration of the time for filing all responses, the administrative law judge shall refer the matter to the Board for final disposition.(d)Suspension of proceeding. Neither a request for interlocutory review nor any disposition of such a request by the Board under this section suspends or stays the proceeding unless otherwise ordered by the administrative law judge or the Board.