Respondent also seeks a stay of the proceeding pending Commission consideration of its application for review.
Complainant opposes the application for review on both procedural and substantive grounds.
He does not oppose respondent's motion for a stay. With limited exceptions, certification by the ALJ is a necessary step in seeking interlocutory review. To obtain review when a presiding officer has declined to certify a ruling, the moving party must first establish that the failure to certify amounts to an abuse of discretion. Moreover, the circumstances that it cites do not establish the type of extraordinary circumstances that justify immediate review. Accordingly, respondent's application for review is denied and its motion for stay is dismissed as moot.