13 CFR §134.1309
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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.