e-CFR data is current as of September 29, 2020
TITLE 13—Business Credit and Assistance
CHAPTER I—SMALL BUSINESS ADMINISTRATION PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS
Subpart A—GENERAL RULES
Subpart B—RULES OF PRACTICE
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| Scope of the rules in this subpart. |
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| Filing and service requirements. |
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| The appeal file, confidential information, and protective orders. |
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| Amendments and supplemental pleadings. |
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| Representation in cases before OHA. |
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| Requirement of signature. |
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| Alternative dispute resolution procedures. |
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| Prohibition against ex parte communications. |
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| Review of initial decisions. |
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| Termination of jurisdiction. |
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Subpart C—RULES OF PRACTICE FOR APPEALS FROM SIZE DETERMINATIONS AND NAICS CODE DESIGNATIONS
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| Scope of the rules in this subpart C. |
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| Commencement of appeals from size determinations and NAICS code designations. |
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| Transmission of the case file and solicitation. |
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| Service and filing requirements. |
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| Limitation on new evidence and adverse inference from non-submission in appeals from size determinations. |
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| Response to an appeal petition. |
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| Applicability of subpart B provisions. |
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| Standard of review and burden of proof. |
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Subpart D—RULES OF PRACTICE FOR APPEALS UNDER THE 8(A) PROGRAM
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| Scope of the rules in this subpart D. |
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| Service of appeal petition. |
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| Deadline for filing appeal petition. |
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| Review of the administrative record. |
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| Evidence beyond the record and discovery. |
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Subpart E—RULES OF PRACTICE FOR APPEALS FROM SERVICE-DISABLED VETERAN OWNED SMALL BUSINESS CONCERN PROTESTS
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| What is the scope of the rules in this subpart E? |
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| When must a person file an appeal from an SDVO SBC protest determination? |
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| What are the requirements for an appeal petition? |
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| What are the service and filing requirements? |
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| When does the D/GC transmit the protest file and to whom? |
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| What is the standard of review? |
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| When will a Judge dismiss an appeal? |
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| Who can file a response to an appeal petition and when must such a response be filed? |
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| Will the Judge permit discovery and oral hearings? |
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| What are the limitations on new evidence? |
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| When is the record closed? |
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| When must the Judge issue his or her decision? |
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| What are the effects of the Judge's decision? |
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Subpart F—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT
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| What is the purpose of this subpart? |
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| Under what circumstances may I apply for reimbursement? |
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| What is an adversary adjudication? |
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| What benefits may I claim? |
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| Under what circumstances are fees and expenses reimbursable? |
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| Who is eligible for possible reimbursement? |
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| How do I know which eligibility requirement applies to me? |
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| What are the special rules for calculating net worth and number of employees? |
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| What is the difference between a fee and an expense? |
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| Are there limitations on reimbursement for fees and expenses? |
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| What should I include in my application for an award? |
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| What must a net worth exhibit contain? |
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| What documentation do I need for fees and expenses? |
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| What deadlines apply to my application for an award and where do I send it? |
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| How will proceedings relating to my application for fees and expenses be conducted? |
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| How will I know if I receive an award? |
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| May I seek review of the ALJ's decision on my award? |
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Subpart G—RULES OF PRACTICE FOR APPEALS FROM WOMEN-OWNED SMALL BUSINESS CONCERN (WOSB) AND ECONOMICALLY DISADVANTAGED WOSB CONCERN (EDWOSB) PROTESTS
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| What is the scope of the rules in this subpart G? |
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| When must a person file an appeal from an WOSB or EDWOSB protest determination? |
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| What are the effects of the appeal on the procurement at issue? |
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| What are the requirements for an appeal petition? |
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| What are the service and filing requirements? |
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| When does the D/GC transmit the protest file and to whom? |
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| What is the standard of review? |
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| When will a Judge dismiss an appeal? |
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| Who can file a response to an appeal petition and when must such a response be filed? |
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| Will the Judge permit discovery and oral hearings? |
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| What are the limitations on new evidence? |
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| When is the record closed? |
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| When must the Judge issue his or her decision? |
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| Can a Judge reconsider his decision? |
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Subpart H—RULES OF PRACTICE FOR EMPLOYEE DISPUTES
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| Commencement of appeals from SBA Employee Dispute Resolution Process cases (Employee Disputes). |
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| After the appeal petition is filed. |
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| Review of initial decision. |
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Subpart I—RULES OF PRACTICE FOR PETITIONS FOR RECONSIDERATION OF SIZE STANDARDS
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| Scope of the rules in this subpart. |
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| Requirements for the Size Standard Petition. |
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| The administrative record. |
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| Response to the Size Standard Petition. |
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| Discovery and oral hearings. |
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| Effects of OHA's decision. |
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| Equal Access to Justice Act. |
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Subpart J—RULES OF PRACTICE FOR PROTESTS OF ELIGIBILITY FOR INCLUSION IN THE U.S. DEPARTMENT OF VETERANS AFFAIRS (VA) CENTER FOR VERIFICATION AND EVALUATION (CVE) DATABASE (CVE PROTESTS)
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| Who may file a CVE Protest? |
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| Grounds for filing a CVE Protest. |
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| Commencement of CVE Protests. |
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| Contents of the CVE Protest. |
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| Service and filing requirements. |
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| Processing a CVE Protest. |
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| Standard of review and burden of proof. |
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| Request for reconsideration. |
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Subpart K—RULES OF PRACTICE FOR APPEALS OF DENIALS AND CANCELLATIONS OF VERIFICATION FOR INCLUSION IN THE U.S. DEPARTMENT OF VETERANS AFFAIRS (VA) CENTER FOR VERIFICATION AND EVALUATION (CVE) DATABASE (CVE APPEALS)
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| Who may file a CVE Appeal? |
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| Grounds for filing a CVE Appeal. |
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| Commencement of CVE Appeals. |
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| Service and filing requirements. |
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| Transmission of the case file. |
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| Response to an appeal petition. |
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| Discovery and oral hearings. |
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| Standard of review and burden of proof. |
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Subpart L—RULES OF PRACTICE FOR APPEALS OF CERTAIN SBA LOAN REVIEW DECISIONS UNDER THE PAYCHECK PROTECTION PROGRAM
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| Scope of the rules in this subpart L. |
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| Deadline for filing appeal petition. |
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| The administrative record. |
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| Response to an appeal petition. |
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| Evidence beyond the record, discovery and oral hearings. |
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| Alternative dispute resolution. |
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| Equal Access to Justice Act (EAJA), 5 U.S.C. 504. |
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| Exhaustion of administrative remedies. |
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| Confidential Information and Protective Order. |
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