13 C.F.R. § 134.611   What should I include in my application for an award?


Title 13 - Business Credit and Assistance


Title 13: Business Credit and Assistance
PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS
Subpart F—Implementation of the Equal Access to Justice Act

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§ 134.611   What should I include in my application for an award?

(a) Your application must be in the form of a written petition which is served and filed in accordance with §134.204. It must contain the following information:

(1) A statement that OHA has jurisdiction over the case pursuant to §134.102(g);

(2) Identification of the administrative proceeding for which you are seeking an award;

(3) A statement that you have prevailed, and a list of each issue in which you claim the position of SBA was not substantially justified;

(4) Your status as an individual, owner of an unincorporated business, partnership, corporation, association, organization, or unit of local government;

(5) Your net worth and number of employees as of the date the administrative proceeding was initiated, or a statement that one or both of these eligibility requirements do not apply to you;

(6) The amount of fees and expenses you are seeking, along with the invoice or billing statement from each service provider;

(7) A description of any affiliates (as that term is defined in §134.408), or a statement that no affiliates exist;

(8) A statement that the application and any attached statements and exhibits are true and complete to the best of your knowledge and that you understand a false statement on these documents is a felony punishable by fine and imprisonment under 18 U.S.C. 1001; and

(9)(i) Your name and address;

(ii) Your signature, or the signature of either a responsible official or your attorney; and

(iii) The address and telephone number of the person who signs the application.

(b) You should follow this chart to determine which further documents must be included with your application: 

 ------------------------------------------------------------------------                 Party                          Required documents------------------------------------------------------------------------(1) Individual, owner of unincorporated  (1) Net worth exhibit. business, partnership, corporation, association, organization, or unit of local government.(2) Organization qualified as tax-       (2) Copy of a ruling by the exempt under 26 U.S.C. 501(c)(3).        Internal Revenue Service that                                          you qualify as a 501(c)(3)                                          organization or                                         Statement that you were listed                                          in the current edition of IRS                                          Bulletin 78 as of the date the                                          administrative proceeding was                                          initiated.(3) Tax-exempt religious organization    (3) Description of your not required to obtain a ruling from     organization and the basis for the Internal Revenue Service on its      your belief you are exempt. exempt status.(4) Cooperative association as defined   (4) Copy of your charter or in 12 U.S.C. 1141j(a).                   articles of incorporation, and                                         Copy of your bylaws.------------------------------------------------------------------------

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