13 CFR § 134.709
When will a Judge dismiss an appeal?
November 10, 2020
(a) The presiding Judge must dismiss the appeal if the appeal is untimely filed under §134.703.
(b) 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.