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?