§ 130.630 - Dispute resolution procedures.

§ 130.630 Dispute resolution procedures.

Cross Reference

Link to an amendment published at 88 FR 76648, Nov. 7, 2023.

(a) Financial Disputesdisputes.

(1) A recipient organization wishing to resolve a financial Dispute formally dispute must submit a written statement describing the subject of the Dispute, together with any relevant documents or other evidence bearing on the Dispute, to the appropriate Grants Management Specialist, Officer with copies to the Project Officer describing the subject of the dispute, along with any relevant documentation. The Grants Management Specialist shall Officer will respond in writing to the recipient organization within 30 calendar days of receipt of the descriptive statement.

(2) If the recipient organization receives an unfavorable decision from the Grants Management SpecialistSBA, it may file an appeal with the AA/SBDCs SBDC within 30 calendar days of issuance the date of receipt of the unfavorable decision.

(3) The AA/

SBDCs shall respond

SBDC may request additional information or documentation from the recipient organization at any stage of the proceedings. The response to the request for additional information must be provided in writing to the AA/SBDC within 15 calendar days of receipt of the request. The AA/SBDC will transmit a written decision to the recipient organization within 15 calendar days of receipt of the appeal or within 15 calendar days of receipt of additional information requested.

(

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4) If the recipient organization receives an unfavorable decision from the AA/

SBDCs

SBDC, it may make a final appeal to the SBA Grants and

Cooperative Agreements

cooperative agreements Appeals Committee (the “Committee”). The final appeal to the Committee must be filed within 30 calendar days of the date of

issuance

receipt of the AA/

SBDCs

SBDC's written decision. Copies of the appeal

shall

must also be sent to the Grants Management Specialist and the

Project Officer.

(4) Appeals must be in writing. Formal Program Manager. If the recipient organization elects not to file an appeal with the Committee, the decision of the AA/SBDC becomes the final Agency decision on the matter.

(5) A recipient organization may request a hearing before the Committee, but such requests will not be granted, unless material facts are substantially in dispute. Legal briefs and other technical forms of pleading are not required.

Requests for a hearing will not be granted unless there are material facts substantially in dispute. Appeals must

However, appeals to the Committee must be in writing and contain at least the following information and supporting documentation:

(i) Name and address of the recipient organization;

(ii)

The SBA field office

Name and address of the appropriate SBA District Office(s);

(iii)

The Cooperative Agreement

A copy of the underlying cooperative agreement, including all amendments;

(iv) A statement of the grounds for appeal, with reasons why the appeal should be sustained;

(v)

The

A statement of the specific relief desired on appeal; and

(vi) If a hearing is requested, a statement of the material facts

which

the recipient organization believes are substantially in dispute. In the event a recipient organization fails to provide any of the information specified in paragraphs (

5) The AA/SBDCs or the Committee may request from the SBDC or the District Office

a)(5)(i) through (v) of this section, the Committee may dismiss the appeal.

(6) The Committee may request additional information or documentation from the recipient organization at any stage in the proceedings. (6The recipient organization's response to the Committee must be submitted, in writing, within 15 calendar days of receipt of the request.

(7) If a request for a hearing is granted, the Committee will provide the recipient organization with written instructions

,

and will afford the parties

an

the opportunity to present their respective positions to the Committee.

(

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8) The

Committee will reach a decision on the merits of the appeal within 30 days of the hearing date.

(8) The Chairperson, with advice from the Chairperson of the Committee, with the advice of the SBA's Office of General Counsel , shall prepare and transmit a written final decision (OGC), will issue a final written decision within 30 calendar days of receipt of all information or within 30 calendar days of the completion of the hearing. Copies of the decision will be provided to the recipient organization with copies to the , the AA/SBDC, the Grants Management Specialist, and the SBA Project Officer.

(9) Expedited Dispute appeal process. By an affirmative vote constituting a majority of its total membership, the Committee may shorten response times to attain final resolution of a Dispute before the issuance date of a new Cooperative Agreement. At any time Where a recipient organization's appeal to the Committee commences or is pending within 120 days of the end of the current budget period, the recipient organization may submit a written request to use an expedited process. If a Dispute affects refunding, the Committee must meet to consider the matter prior to the end of the budget period, provided that the recipient organization has supplied the Committee with all requested documentationhas the right to request, in writing, that the matter be handled under an expedited appeal process. In such circumstances, the Committee, by an affirmative vote of its membership, may expedite the appeals process to attain final resolution of a dispute before the anticipated issuance date of a new cooperative agreement.

(b) Programmatic (non-financial) Disputesdisputes.

(1) If a programmatic Dispute is not resolved at The SBDC Lead Center and the SBA District Office level, must make every effort to resolve any disputes that arise between the SBDC network and SBA involving non-financial, programmatic issues. If the recipient organization is not satisfied with the resolution, it may, by written request its submission to the next SBA administrative level having authority to review such matter. The Project Officer shall refer the Dispute in writing, including comments of the SBDC Director, to the AA/SBDC, seek reconsideration of the programmatic dispute within 30 calendar days. When a recipient organization requests reconsideration of a programmatic dispute, the appropriate Program Manager will forward a written summary of the dispute, including comments from the SBDC Lead Center Director, the SBA District Office, and all other pertinent background information to the AA/SBDC within 15 calendar days of SBA's receipt of the request.

(2) If the programmatic Dispute is not resolved at an intermediate SBA administrative level within 15 calendar days of receipt thereof, it shall be forwarded, in writing, to the AA/SBDCs for final resolution. All comments of the SBDC Director must be included in any package forwarded to the AA/SBDCs.

(3) The AA/SBDCs shall

The AA/SBDC will transmit a final, written decision to the recipient organization, the

SBDC

Lead Center Director, the SBA Project Officer, and

other appropriate SBA field office personnel

the SBA District Office within 30 calendar days of the receipt of such documentation, unless the recipient organization agrees to an extension of time

is mutually agreed upon by the recipient organization and the AA/SBDCs.

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[88 FR 76648, Nov. 7, 2023]