§ 134.201 - Scope of the rules in this subpart.

§ 134.201 Scope of the rules in this subpart.

Cross Reference

Link to an amendment published at 88 FR 21089, Apr. 10, 2023.

(a) The rules of practice in this subpart apply to all OHA proceedings except:

(1) Where another subpart of this part, pertaining to a specific type of OHA proceeding, provides a different rule; or

(2) Where another part of this chapter, pertaining to a specific type of OHA proceeding (or SBA program allowing appeals to OHA), provides a different rule (see § 134.102).

(b) For specific types of OHA proceedings, the rules of practice are located as follows:

(1) For appeals from size determinations and NAICS code designations, in subpart C of this part (§ 134.301 et seq.);

(2) For 8(a) BD appeals, in subpart D of this part (§ 134.401 et seq.);

(3) [Reserved]

(4) For applications under the Equal Access to Justice Act, in subpart F of this part (§ 134.601 et seq.);

(5) For appeals from Women-Owned Small Business (WOSB) and Economically-Disadvantaged WOSB protest determinations, in subpart G of this part (§ 134.701 et seq.);

(6) For appeals relating to SBA employee disputes, in subpart H of this part (§ 134.801 et seq.);

(7) For Size Standard Petitions, in subpart I of this part (§§ 134.901 through 134.918);

(8) For protests of eligibility for inclusion in the Veteran Small Business Certification Program, in subpart J of this part;

(9) For appeals of denials of certification and decertification in the Veteran Small Business Certification Program, in subpart K of this part; and

(10) For appeals of protest determinations regarding the status of a concern as a certified HUBZone small business concern, in subpart M of this part; and

(11) For proceedings under the Program Fraud Civil Remedies Act, in part 142 of this chapter.

(c) If a rule in this subpart conflicts with a rule pertaining to OHA in another subpart of this part or in another part of this chapter, the latter rule shall govern.

[75 FR 47438, Aug. 6, 2010, as amended at 82 FR 25506, June 2, 2017; 83 FR 13629, Mar. 30, 2018; 87 FR 73425, Nov. 29, 2022; 88 FR 21089, Apr. 10, 2023]