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cfr_sections: 17:17:1.0.1.1.11.6.7.3

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section_id title_number title_name chapter subchapter part_number part_name subpart subpart_name section_number section_heading agency authority source_citation amendment_citations full_text
17:17:1.0.1.1.11.6.7.3 17 Commodity and Securities Exchanges I   12 PART 12—RULES RELATING TO REPARATIONS F Subpart F—Commission Review of Decisions 12.402 § 12.402 Appeal of disposition of less than all claims or parties in a proceeding. CFTC 7 U.S.C. 2(a)(12), 12a(5), and 18. 49 FR 6621, Feb. 22, 1984, unless otherwise noted. [86 FR 64361, Nov. 18, 2021] (a) In general. Where two or more different claims for relief are presented, or where multiple parties are involved, in a proceeding forwarded pursuant to § 12.26(b) or (c), the Administrative Judge or Administrative Law Judge, may upon the Judge's own motion or by motion of a party, direct that an initial decision or other order disposing of one or more, but fewer than all of the claims or parties, shall be final and immediately appealable to the Commission. Such a direction may be made only upon an express determination that there is no just reason for delay. When such a direction is made, a party may appeal the initial decision or order in accordance with the procedure prescribed by § 12.401. (b) When decision is not appealable. In the absence of such a direction by the Administrative Judge or an Administrative Law Judge, an initial decision or order disposing of fewer than all of the claims or all of the parties shall be subject to revision by the decisionmaker at any time before a disposition is made of all remaining claims or parties, and no appeal may be taken to the Commission pursuant to this section.
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