R305-7-317. Interlocutory Orders

  (1) Interlocutory review is not favored. Ordinarily, a party may challenge an order issued by the ALJ only after the ALJ has made a final recommended decision.

  (2) A party may file, in accordance with R305-7-104, a motion for interlocutory review of a non-final ALJ order only if a ruling that is alleged to be in error could not be corrected through a challenge to the final recommended decision (e.g., a ruling denying privileged status to records), where early resolution of a material issue may materially advance the termination of the proceeding, where multiple evidentiary hearings may be avoided through resolution of issues through an interlocutory appeal, or where the interests of judicial economy are otherwise served.

  (3) The Executive Director's determination to consider a motion for an interlocutory review is discretionary.