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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 13 - Business Credit and Assistance |
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Chapter I - Small Business Administration |
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Part 134 - Rules of Procedure Governing Cases Before the Office of Hearings and Appeals |
| Subpart A - General Rules |
| § 134.101 - Definitions. |
| § 134.102 - Jurisdiction of OHA. |
| § 134.103 - [Reserved] |
| Subpart B - Rules of Practice |
| § 134.201 - Scope of the rules in this subpart. |
| § 134.202 - Commencement of cases. |
| § 134.203 - The appeal petition. |
| § 134.204 - Filing and service requirements. |
| § 134.205 - The appeal file, confidential information, and protective orders. |
| § 134.206 - The answer or response. |
| § 134.207 - Amendments and supplemental pleadings. |
| § 134.208 - Representation in cases before OHA. |
| § 134.209 - Requirement of signature. |
| § 134.210 - Intervention. |
| § 134.211 - Motions. |
| § 134.212 - Summary judgment. |
| § 134.213 - Discovery. |
| § 134.214 - Subpoenas. |
| § 134.215 - Interlocutory appeals. |
| § 134.216 - Alternative dispute resolution procedures. |
| § 134.217 - Settlement. |
| § 134.218 - Judges. |
| § 134.219 - Sanctions. |
| § 134.220 - Prohibition against ex parte communications. |
| § 134.221 - Prehearing conferences. |
| § 134.222 - Oral hearing. |
| § 134.223 - Evidence. |
| § 134.224 - [Reserved] |
| § 134.225 - The record. |
| § 134.226 - The decision. |
| § 134.227 - Finality of decisions. |
| § 134.228 - Review of initial decisions. |
| § 134.229 - Termination of jurisdiction. |
| Subpart C - Rules of Practice for Appeals From Size Determinations and NAICS Code Designations |
| § 134.301 - Scope of the rules in this subpart C. |
| § 134.302 - Who may appeal. |
| § 134.303 - Advisory opinions. |
| § 134.304 - Commencement of appeals from size determinations and NAICS code designations. |
| § 134.305 - The appeal petition. |
| § 134.306 - Transmission of the case file and solicitation. |
| § 134.307 - Service and filing requirements. |
| § 134.308 - Limitation on new evidence and adverse inference from non-submission in appeals from size determinations. |
| § 134.309 - Response to an appeal petition. |
| § 134.310 - Discovery. |
| § 134.311 - Oral hearings. |
| § 134.312 - Evidence. |
| § 134.313 - Applicability of subpart B provisions. |
| § 134.314 - Standard of review and burden of proof. |
| § 134.315 - The record. |
| § 134.316 - The decision. |
| § 134.317 - [Reserved] |
| § 134.318 - NAICS appeals. |
| Subpart D - Rules of Practice for Appeals Under the 8(a) Program |
| § 134.401 - Scope of the rules in this subpart D. |
| § 134.402 - Appeal petition. |
| § 134.403 - Service of appeal petition. |
| § 134.404 - Deadline for filing appeal petition. |
| § 134.405 - Jurisdiction. |
| § 134.406 - Review of the administrative record. |
| § 134.407 - Evidence beyond the record and discovery. |
| § 134.408 - Summary decision. |
| § 134.409 - Decision on appeal. |
| Subpart E - Rules of Practice for Appeals From Service-Disabled Veteran Owned Small Business Concern Protests |
| § 134.501 - What is the scope of the rules in this subpart E? |
| § 134.502 - Who may appeal? |
| § 134.503 - When must a person file an appeal from an SDVO SBC protest determination? |
| § 134.504 - [Reserved] |
| § 134.505 - What are the requirements for an appeal petition? |
| § 134.506 - What are the service and filing requirements? |
| § 134.507 - When does the D/GC transmit the protest file and to whom? |
| § 134.508 - What is the standard of review? |
| § 134.509 - When will a Judge dismiss an appeal? |
| § 134.510 - Who can file a response to an appeal petition and when must such a response be filed? |
| § 134.511 - Will the Judge permit discovery and oral hearings? |
| § 134.512 - What are the limitations on new evidence? |
| § 134.513 - When is the record closed? |
| § 134.514 - When must the Judge issue his or her decision? |
| § 134.515 - What are the effects of the Judge's decision? |
| § 134.516 - How will I know if I receive an award? |
| § 134.517 - May I seek review of the ALJ's decision on my award? |
| § 134.518 - How are awards paid? |
| Subpart F - Implementation of the Equal Access to Justice Act |
| § 134.601 - What is the purpose of this subpart? |
| § 134.602 - Under what circumstances may I apply for reimbursement? |
| § 134.603 - What is an adversary adjudication? |
| § 134.604 - What benefits may I claim? |
| § 134.605 - Under what circumstances are fees and expenses reimbursable? |
| § 134.606 - Who is eligible for possible reimbursement? |
| § 134.607 - How do I know which eligibility requirement applies to me? |
| § 134.608 - What are the special rules for calculating net worth and number of employees? |
| § 134.609 - What is the difference between a fee and an expense? |
| § 134.610 - Are there limitations on reimbursement for fees and expenses? |
| § 134.611 - What should I include in my application for an award? |
| § 134.612 - What must a net worth exhibit contain? |
| § 134.613 - What documentation do I need for fees and expenses? |
| § 134.614 - What deadlines apply to my application for an award and where do I send it? |
| § 134.615 - How will proceedings relating to my application for fees and expenses be conducted? |
| § 134.616 - How will I know if I receive an award? |
| § 134.617 - May I seek review of the ALJ's decision on my award? |
| § 134.618 - How are awards paid? |
| Subpart G - Rules of Practice for Appeals From Women-Owned Small Business Concern (WOSB) and Economically Disadvantaged WOSB Concern (EDWOSB) Protests |
| § 134.701 - What is the scope of the rules in this subpart G? |
| § 134.702 - Who may appeal? |
| § 134.703 - When must a person file an appeal from an WOSB or EDWOSB protest determination? |
| § 134.704 - What are the effects of the appeal on the procurement at issue? |
| § 134.705 - What are the requirements for an appeal petition? |
| § 134.706 - What are the service and filing requirements? |
| § 134.707 - When does the D/GC transmit the protest file and to whom? |
| § 134.708 - What is the standard of review? |
| § 134.709 - When will a Judge dismiss an appeal? |
| § 134.710 - Who can file a response to an appeal petition and when must such a response be filed? |
| § 134.711 - Will the Judge permit discovery and oral hearings? |
| § 134.712 - What are the limitations on new evidence? |
| § 134.713 - When is the record closed? |
| § 134.714 - When must the Judge issue his or her decision? |
| § 134.715 - Can a Judge reconsider his decision? |
| Subpart H - Rules of Practice for Employee Disputes |
| § 134.801 - Scope of rules. |
| § 134.802 - [Reserved] |
| § 134.803 - Commencement of appeals from SBA Employee Dispute Resolution Process cases (Employee Disputes). |
| § 134.804 - The appeal petition. |
| § 134.805 - After the appeal petition is filed. |
| § 134.806 - Mediation. |
| § 134.807 - SBA response. |
| § 134.808 - The decision. |
| § 134.809 - Review of initial decision. |
| Subpart I - Rules of Practice for Petitions for Reconsideration of Size Standards |
| § 134.901 - Scope of the rules in this subpart. |
| § 134.902 - Standing. |
| § 134.903 - Commencement of cases. |
| § 134.904 - Requirements for the Size Standard Petition. |
| § 134.905 - Notice and order. |
| § 134.906 - Intervention. |
| § 134.907 - Filing and service. |
| § 134.908 - The administrative record. |
| § 134.909 - Standard of review. |
| § 134.910 - Dismissal. |
| § 134.911 - Response to the Size Standard Petition. |
| § 134.912 - Discovery and oral hearings. |
| § 134.913 - New evidence. |
| § 134.914 - The decision. |
| § 134.915 - Remand. |
| § 134.916 - Effects of OHA's decision. |
| § 134.917 - Equal Access to Justice Act. |
| § 134.918 - Judicial review. |
| Subpart J - Rules of Practice for Protests of Eligibility for Inclusion in the SBA Veteran Small Business Certification Program Database (VOSB or SDVOSB Status Protests) |
| § 134.1001 - Scope of rules. |
| § 134.1002 - Who may file a VOSB or SDVOSB status protest? |
| § 134.1003 - Grounds for filing a VOSB or SDVOSB status protest. |
| § 134.1004 - Commencement of VOSB or SDVOSB status protests. |
| § 134.1005 - Contents of the VOSB or SDVOSB status protest. |
| § 134.1006 - Service and filing requirements. |
| § 134.1007 - Processing a VOSB or SDVOSB status protest. |
| § 134.1008 - Discovery. |
| § 134.1009 - Oral hearings. |
| § 134.1010 - Standard of review and burden of proof. |
| § 134.1011 - Weight of evidence. |
| § 134.1012 - The record. |
| § 134.1013 - Request for reconsideration. |
| Subpart K - Rules of Practice for Appeals of Denials of Certification and Decertification in the SBA Veteran Small Business Certification Program (VOSB or SDVOSB Appeals) |
| § 134.1101 - Scope of rules. |
| § 134.1102 - Who may file a VOSB or SDVOSB Appeal? |
| § 134.1103 - Grounds for filing a VOSB or SDVOSB Appeal. |
| § 134.1104 - Commencement of VOSB or SDVOSB Appeal. |
| § 134.1105 - The appeal petition. |
| § 134.1106 - Service and filing requirements. |
| § 134.1107 - Transmission of the case file. |
| § 134.1108 - Response to an appeal petition. |
| § 134.1109 - Discovery and oral hearings. |
| § 134.1110 - New evidence. |
| § 134.1111 - Standard of review and burden of proof. |
| § 134.1112 - The decision. |
| Subpart L - Borrower Appeals of Final SBA Loan Review Decisions |
| § 134.1201 - Scope of the rules in this subpart. |
| § 134.1202 - Commencement of appeals of final SBA loan review decisions. |
| § 134.1203 - Standing. |
| § 134.1204 - The appeal petition. |
| § 134.1205 - Dismissal. |
| § 134.1206 - Notice and order. |
| § 134.1207 - The administrative record. |
| § 134.1208 - Response to an appeal petition. |
| § 134.1209 - Evidence beyond the record, discovery, and oral hearings. |
| § 134.1210 - Standard of review. |
| § 134.1211 - Decision on appeal. |
| § 134.1212 - Effects of the decision. |
| § 134.1213 - Equal Access to Justice Act. |
| § 134.1214 - Confidential information. |
| § 134.1215 - Equal Access to Justice Act (EAJA), 5 U.S.C. 504. |
| § 134.1216 - Exhaustion of administrative remedies. |
| § 134.1217 - Confidential Information and Protective Order. |
| Subpart M - Rules of Practice for Appeals of Protest Determinations Regarding the Status of a Concern as a Certified HUBZone Small Business Concern |
| § 134.1301 - What is the scope of the rules in this subpart? |
| § 134.1302 - Who may appeal a HUBZone status protest determination? |
| § 134.1303 - What time limits apply to filing an appeal from a HUBZone status protest determination? |
| § 134.1304 - What are the effects of the filing of an appeal on the procurement at issue? |
| § 134.1305 - What are the requirements for an appeal petition? |
| § 134.1306 - What are the service and filing requirements? |
| § 134.1307 - What are the requirements for transmitting the protest file? |
| § 134.1308 - What is the standard of review? |
| § 134.1309 - When will a Judge dismiss an appeal? |
| § 134.1310 - Who can file a response to an appeal petition and when must such a response be filed? |
| § 134.1311 - Will the Judge permit discovery and oral hearings? |
| § 134.1312 - What are the limitations on the introduction of new evidence? |
| § 134.1313 - When is the record closed? |
| § 134.1314 - When must the Judge issue the decision? |
| § 134.1315 - What are the effects of the Judge's decision on the procurement at issue? |
| § 134.1316 - Can a Judge reconsider an appeal decision? |