§ 134.1309. When will a Judge dismiss an appeal?
94 words·~1 min read·
/us/cfr/t13/s§ 134.1309·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.