29 CFR §18.94

1. (a)Relief pending review. If a timely motion is made for relief that the judge lacks authority to grant because a petition for review has been docketed and is pending, the judge may:
   1. (1)Defer considering the motion;
   2. (2)Deny the motion; or
   3. (3)State either that the judge would grant the motion if the reviewing body remands for that purpose or that the motion raises a substantial issue.
2. (b)Notice to reviewing body. The movant must promptly notify the clerk of the reviewing body if the judge states that he or she would grant the motion or that the motion raises a substantial issue.
3. (c)Remand. The judge may decide the motion if the reviewing body remands for that purpose.