13 C.F.R. Subpart A—General Rules
Title 13 - Business Credit and Assistance
As used in this part: AA/OHA means the Assistant Administrator for OHA. 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. 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. 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 an Administrative Law Judge or an Administrative Judge of 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. 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. [61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47246, July 18, 2002; 69 FR 29208, May 21, 2004] 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) The eligibility of any bank or non-bank lender to continue to participate in SBA loan programs under the Act and part 120 of this chapter, or to do so with preferred or certified status, and any other appeal that is specifically authorized by part 120 of this chapter; (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) The rights, privileges, or obligations of development companies under section 504 of the Investment Act and part 120, subpart H, of this chapter; (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. “Size determinations” include 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; (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) Appeals from the determination of the SBA under part 120 of this chapter to revoke or suspend a microloan intermediary or microloan non-lending technical assistance provider; (n) Appeals from the following small disadvantaged business (SDB) determinations under part 124 of this chapter: (1) SBA's determination that an applicant firm does not qualify for certification, or that a certified SDB no longer qualifies for the program; and (2) A Private Certifier's ownership and control determination made on a firm's application for certification; (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 part 145 of this chapter; (q) Appeals from the Service-Disabled Veteran-owned SBC Program ownership and control status under part 125 of this chapter; (r) The decision of the Appropriate Management Official in SBA Employee Dispute Resolution Process cases (Employee Disputes) under Standard Operating Procedure 37 71 02 (available at http://www.sba.gov/library/soproom.php); and (s) Any other hearing, determination, or appeal proceeding referred to OHA by the Administrator of SBA. [61 FR 2683, Jan. 29, 1996, as amended at 66 FR 47074, Sept. 11, 2001; 67 FR 47246, July 18, 2002; 69 FR 25271, May 5, 2004; 69 FR 29208, May 21, 2004; 70 FR 17587, Apr. 7, 2005] (a) The day from which the time period is computed is excluded, but the last business day is counted, excluding Saturday, Sunday, or Federal holiday. (b) At the Judge's initiative, or upon the motion of a party showing good cause, the Judge may modify any of the applicable time limits, other than those established by statute and those governing when a case may be commenced. [61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47246, July 18, 2002]
Title 13: Business Credit and Assistance
PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS
Subpart A—General Rules
§ 134.101 Definitions.
§ 134.102 Jurisdiction of OHA.
§ 134.103 Rules applicable to time periods provided in this part.
