§ 134.804 - The appeal petition.

§ 134.804 The appeal petition.

Cross Reference

Link to an amendment published at 82 FR 25507, June 2, 2017.

(a) Form. There is no required format for an appeal petition. However, it must include the following:

(1) A copy of the original Statement of Dispute The completed SBA Dispute Form;

(2) A copy of the AMO's decision or other responseStep One and Step Two decisions, if any;

(3) Statement of why the AMO's decision Step Two decision (or Step One decision, if no Step Two decision was received), is alleged to be in error;

(4) Any other pertinent information the OHA Judge should consider;

(5) A request for mediation, if applicable; and

(6) The Employee's name, home mailing address, daytime telephone and facsimile numbers, e-mail address, and signature; and

(7)

If represented by an attorney, the attorney's contact information and signature.

(b) Service of the appeal petition upon the SBA. The Employee must serve copies of the entire appeal petition upon three SBA officials:

(1) The AMOStep Two Official;

(2) Chief Human Capital Officer, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416; and

(3) Associate General Counsel for General Law, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416, e-mail: [e-mail], except that an employee of the Office of Inspector General (OIG) must serve it upon the Counsel to the Inspector General, U.S. Small Business Administration, 409 Third Street, SW., Washington, DC 20416, e-mail: [e-mail].

(c) Certificate of Service. The Employee will attach to the appeal petition a signed certificate of service meeting the requirements of § 134.204(d).

(d) The

rules governing filing and service are in § 134.204.

(

e

d) Dismissal. An appeal petition that does not meet all the requirements of this section may be dismissed by the Judge at his or her own initiative or upon motion of the SBA.

[75 FR 47443, Aug. 6, 2010, as amended at 82 FR 25507, June 2, 2017]