13 C.F.R. § 134.509 When will a Judge dismiss an appeal?
Title 13 - Business Credit and Assistance
(a) The Judge selected to preside over a protest appeal shall dismiss the appeal, if: (1) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination; (2) The appeal petition does not contain all of the information required in §134.505; (3) The appeal is untimely filed pursuant to §134.503 or is not otherwise filed in accordance with the requirements of this subpart or the requirements in Subparts A and B of this part; or (4) The matter has been decided or is the subject of an adjudication before a court of competent jurisdiction over such matters. (b) Once Appellant files an appeal, subsequent initiation of litigation of the matter in a court of competent jurisdiction will not preclude the Judge from rendering a final decision on the matter.
Title 13: Business Credit and Assistance
PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS
Subpart E—Rules of Practice for Appeals From Service-Disabled Veteran Owned Small Business Concern Protests
§ 134.509 When will a Judge dismiss an appeal?

