Collapse to view only § 134.103 - [Reserved]
§ 134.101 - Definitions.
As used in this part:
AA/OHA means the Assistant Administrator for OHA, who is also the Chief Hearing Officer.
Act means the Small Business Act, 15 U.S.C. 631 et seq.
Address means the primary home or business address of a person or entity, including the street location or postal box number, city or town, state, and postal zip code.
Administrative Judge means a Hearing Officer, as described at 15 U.S.C. 634(i), appointed by OHA to adjudicate cases.
Appeal petition has the same meaning as petition.
Area Office means a Government Contracting Area Office or a Disaster Area Office of the Small Business Administration.
Business day means any day other than a Saturday, Sunday, or a Federal holiday.
Day means a calendar day, unless a Judge specifies otherwise.
Hearing means the presentation and consideration of argument and evidence. A hearing need not include live testimony or argument.
Investment Act means the Small Business Investment Act of 1958, 15 U.S.C. 661 et seq.
Judge means the Administrative Judge or Administrative Law Judge who decides an appeal or petition brought before OHA, or the AA/OHA when he or she acts as an Administrative Judge.
NAICS code means North American Industry Classification System code.
OHA means the Office of Hearings and Appeals.
Party means the petitioner, appellant, respondent, or intervenor, and the contracting officer in a NAICS code appeal.
Person means an individual or any form of business entity.
Petition (or appeal petition) means a written complaint, a written appeal from an SBA determination, or a written request for the initiation of proceedings before OHA.
Petitioner means the person who initially files a petition before OHA.
Pleading means a petition, an order to show cause commencing a case, an appeal petition, an answer, a response, or any amendment or supplement to those documents.
Respondent means any person or governmental agency against which a case has been brought before OHA.
SBA means the Small Business Administration.
Size determination means a formal size determination made by an Area Office and includes decisions by Government Contracting Area Directors that determine whether two or more concerns are affiliated for purposes of SBA's financial assistance programs, or other programs for which an appropriate SBA official requested an affiliation determination.
Size Standard Petition means a petition for reconsideration of a revised, modified, or established size standard filed with OHA pursuant to 15 U.S.C. 632(a)(9) and subpart I of this part.
Step One and Step Two refer to the steps of the Employee Dispute Resolution Process, see § 134.801(a) for more information.
§ 134.102 - Jurisdiction of OHA.
OHA has authority to conduct proceedings in the following cases:
(a) The revocation or suspension of Small Business Investment Company licenses, cease and desist orders, and the removal or suspension of directors and officers of licensees, under the Investment Act and part 107 of this chapter;
(b) Alleged violations of those civil rights laws which are effectuated by parts 112, 113, 117, and 136 of this chapter;
(c) The revocation of the privilege of a person to conduct business with SBA under the Act and part 103 of this chapter;
(d) 7(a) Lender appeals from informal enforcement actions and final agency decisions on 7(a) Lender formal enforcement actions, and any other appeal that is specifically authorized by part 120 of this title, but not including appeals of actions against SBA Supervised Lenders under § 120.1600(b) or (c) or under § 120.465;
(e) The suspension or termination of surety bond program participants under 15 U.S.C. 694a et seq. and part 115 of this chapter;
(f) [Reserved]
(g) Allowance of fees and expenses under the Equal Access to Justice Act, 5 U.S.C. 504;
(h) Debarment from appearance before the SBA because of post-employment restrictions under 18 U.S.C. 207 and part 105 of this chapter;
(i) Collection of debts owed to SBA and the United States under the Debt Collection Act of 1982, the Debt Collection Improvement Act of 1996, and part 140 of this chapter;
(j) Appeals from the following SBA 8(a) program determinations under the Act and part 124 of this chapter:
(1) Denial of program admission based solely on a negative finding as to social disadvantage, economic disadvantage, ownership or control; program termination; program graduation; or denial of a waiver of the requirement to perform to completion an 8(a) contract; and
(2) Program suspension;
(k) Appeals from size determinations and NAICS code designations under part 121 of this chapter;
(l) The imposition of civil penalties and assessments against persons who make false claims or statements to SBA under the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812 and part 142 of this chapter;
(m)-(n) [Reserved]
(o) The suspension, termination, or non-renewal of cooperative agreements with Women's Business Centers and Small Business Development Centers under the Act and part 130 of this chapter;
(p) Certain matters involving debarments and suspensions under 2 CFR parts 180 and 2700;
(q) [Reserved]
(r) Appeals from SBA Employee Dispute Resolution Process cases (Employee Disputes) under Standard Operating Procedure (SOP) 37 71 (available at http://www.sba.gov/tools/resourcelibrary/sops/index.html or through OHA's Web site http://www.sba.gov/oha) and subpart H of this part;
(s) Appeals from Women-Owned Small Business or Economically-Disadvantaged Women-Owned Small Business protest determinations under part 127 of this chapter;
(t) Petitions for reconsideration of revised, modified, or established size standards pursuant to 15 U.S.C. 632(a)(9);
(u) Protests of eligibility for inclusion in the Veteran Small Business Certification Program;
(v) Appeals of denials of certification in and decertification from the Veteran Small Business Certification Program;
(w) Appeals of certain SBA loan review decisions as defined in 13 CFR 134.1201; and
(x) Appeals from HUBZone status protest determinations under part 126 of this chapter.