13 C.F.R. § 134.212 Summary decision.
Title 13 - Business Credit and Assistance
(a) Grounds. A party may move for summary decision at any time as to all or any portion of the case, on the grounds that there is no genuine issue as to any material fact, and that the moving party is entitled to a decision in its favor as a matter of law. (b) Contents of motion. The motion must include a statement of the material facts believed not to be disputed, and relevant law. Supporting affidavits may also be included. (c) Cross-motions. In its response to a motion for summary decision, a party may cross-move for summary decision. The initial moving party may file and serve a response to any cross-motion for summary decision within 20 days after the service of that cross-motion. (d) Stay. A motion for summary decision stays the time to answer. The Judge will establish the time for filing and serving an answer in the order determining the motion for summary decision. (e) Appeal petitions from SBA determinations (other than 8(a) determinations). In a case involving an appeal petition, except as provided in subpart D of this part, if SBA has provided multiple grounds for the determination being appealed, SBA may move for summary decision on one or more grounds. If the Judge finds that there is no genuine issue of material fact and the SBA is entitled to a decision in its favor as a matter of law as to any such ground, the Judge will grant the motion for summary decision and dismiss the appeal. [61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47248, July 18, 2002]
Title 13: Business Credit and Assistance
PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS
Subpart B—Rules of Practice for Most Cases
§ 134.212 Summary decision.
