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5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart J issued under 15 U.S.C. 657f. Subpart K issued under 15 U.S.C. 657f. See Part 134 for more
61 FR 2683, Jan. 29, 1996, unless otherwise noted.
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Nomenclature changes to part 134 appear at 72 FR 50042, Aug. 30, 2007.
(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;
(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]