Part 134 — Rules of Procedure Governing Cases Before the Office of Hearings and Appeals
Subpart A — General Rules
Subpart B — Rules of Practice
- § 134.201— Scope of the rules in this subpart.
- § 134.202— Commencement of cases.
- § 134.203— The appeal petition.
- § 134.204— Filing and service requirements.
- § 134.205— The appeal file, confidential information, and protective orders.
- § 134.206— The answer or response.
- § 134.207— Amendments and supplemental pleadings.
- § 134.208— Representation in cases before OHA.
- § 134.209— Requirement of signature.
- § 134.210— Intervention.
- § 134.211— Motions.
- § 134.212— Summary judgment.
- § 134.213— Discovery.
- § 134.214— Subpoenas.
- § 134.215— Interlocutory appeals.
- § 134.216— Alternative dispute resolution procedures.
- § 134.217— Settlement.
- § 134.218— Judges.
- § 134.219— Sanctions.
- § 134.220— Prohibition against <em>ex parte</em> communications.
- § 134.221— Prehearing conferences.
- § 134.222— Oral hearing.
- § 134.223— Evidence.
- § 134.225— The record.
- § 134.226— The decision.
- § 134.227— Finality of decisions.
- § 134.228— Review of initial decisions.
- § 134.229— Termination of jurisdiction.
Subpart C — Rules of Practice for Appeals From Size Determinations and NAICS Code Designations
- § 134.301— Scope of the rules in this subpart C.
- § 134.302— Who may appeal.
- § 134.303— Advisory opinions.
- § 134.304— Commencement of appeals from size determinations and NAICS code designations.
- § 134.305— The appeal petition.
- § 134.306— Transmission of the case file and solicitation.
- § 134.307— Service and filing requirements.
- § 134.308— Limitation on new evidence and adverse inference from non-submission in appeals from size determinations.
- § 134.309— Response to an appeal petition.
- § 134.310— Discovery.
- § 134.311— Oral hearings.
- § 134.312— Evidence.
- § 134.313— Applicability of subpart B provisions.
- § 134.314— Standard of review and burden of proof.
- § 134.315— The record.
- § 134.316— The decision.
- § 134.318— NAICS appeals.
Subpart D — Rules of Practice for Appeals Under the 8(a) Program
- § 134.401— Scope of the rules in this subpart D.
- § 134.402— Appeal petition.
- § 134.403— Service of appeal petition.
- § 134.404— Deadline for filing appeal petition.
- § 134.405— Jurisdiction.
- § 134.406— Review of the administrative record.
- § 134.407— Evidence beyond the record and discovery.
- § 134.408— Summary decision.
- § 134.409— Decision on appeal.
Subpart F — Implementation of the Equal Access to Justice Act
- § 134.601— What is the purpose of this subpart?
- § 134.602— Under what circumstances may I apply for reimbursement?
- § 134.603— What is an adversary adjudication?
- § 134.604— What benefits may I claim?
- § 134.605— Under what circumstances are fees and expenses reimbursable?
- § 134.606— Who is eligible for possible reimbursement?
- § 134.607— How do I know which eligibility requirement applies to me?
- § 134.608— What are the special rules for calculating net worth and number of employees?
- § 134.609— What is the difference between a fee and an expense?
- § 134.610— Are there limitations on reimbursement for fees and expenses?
- § 134.611— What should I include in my application for an award?
- § 134.612— What must a net worth exhibit contain?
- § 134.613— What documentation do I need for fees and expenses?
- § 134.614— What deadlines apply to my application for an award and where do I send it?
- § 134.615— How will proceedings relating to my application for fees and expenses be conducted?
- § 134.616— How will I know if I receive an award?
- § 134.617— May I seek review of the ALJ's decision on my award?
- § 134.618— How are awards paid?
Subpart G — Rules of Practice for Appeals From Women-Owned Small Business Concern (WOSB) and Economically Disadvantaged WOSB Concern (EDWOSB) Protests
- § 134.701— What is the scope of the rules in this subpart G?
- § 134.702— Who may appeal?
- § 134.703— When must a person file an appeal from an WOSB or EDWOSB protest determination?
- § 134.704— What are the effects of the appeal on the procurement at issue?
- § 134.705— What are the requirements for an appeal petition?
- § 134.706— What are the service and filing requirements?
- § 134.707— When does the D/GC transmit the protest file and to whom?
- § 134.708— What is the standard of review?
- § 134.709— When will a Judge dismiss an appeal?
- § 134.710— Who can file a response to an appeal petition and when must such a response be filed?
- § 134.711— Will the Judge permit discovery and oral hearings?
- § 134.712— What are the limitations on new evidence?
- § 134.713— When is the record closed?
- § 134.714— When must the Judge issue his or her decision?
- § 134.715— Can a Judge reconsider his decision?
Subpart H — Rules of Practice for Employee Disputes
- § 134.801— Scope of rules.
- § 134.803— Commencement of appeals from SBA Employee Dispute Resolution Process cases (Employee Disputes).
- § 134.804— The appeal petition.
- § 134.805— After the appeal petition is filed.
- § 134.806— Mediation.
- § 134.807— SBA response.
- § 134.808— The decision.
- § 134.809— Review of initial decision.
Subpart I — Rules of Practice for Petitions for Reconsideration of Size Standards
- § 134.901— Scope of the rules in this subpart.
- § 134.902— Standing.
- § 134.903— Commencement of cases.
- § 134.904— Requirements for the Size Standard Petition.
- § 134.905— Notice and order.
- § 134.906— Intervention.
- § 134.907— Filing and service.
- § 134.908— The administrative record.
- § 134.909— Standard of review.
- § 134.910— Dismissal.
- § 134.911— Response to the Size Standard Petition.
- § 134.912— Discovery and oral hearings.
- § 134.913— New evidence.
- § 134.914— The decision.
- § 134.915— Remand.
- § 134.916— Effects of OHA's decision.
- § 134.917— Equal Access to Justice Act.
- § 134.918— Judicial review.
Subpart J — Rules of Practice for Protests of Eligibility for Inclusion in the SBA Veteran Small Business Certification Program Database (VOSB or SDVOSB Status Protests)
- § 134.1001— Scope of rules.
- § 134.1002— Who may file a VOSB or SDVOSB status protest?
- § 134.1003— Grounds for filing a VOSB or SDVOSB status protest.
- § 134.1004— Commencement of VOSB or SDVOSB status protests.
- § 134.1005— Contents of the VOSB or SDVOSB status protest.
- § 134.1006— Service and filing requirements.
- § 134.1007— Processing a VOSB or SDVOSB status protest.
- § 134.1008— Discovery.
- § 134.1009— Oral hearings.
- § 134.1010— Standard of review and burden of proof.
- § 134.1011— Weight of evidence.
- § 134.1012— The record.
- § 134.1013— Request for reconsideration.
Subpart K — Rules of Practice for Appeals of Denials of Certification and Decertification in the SBA Veteran Small Business Certification Program (VOSB or SDVOSB Appeals)
- § 134.1101— Scope of rules.
- § 134.1102— Who may file a VOSB or SDVOSB Appeal?
- § 134.1103— Grounds for filing a VOSB or SDVOSB Appeal.
- § 134.1104— Commencement of VOSB or SDVOSB Appeal.
- § 134.1105— The appeal petition.
- § 134.1106— Service and filing requirements.
- § 134.1107— Transmission of the case file.
- § 134.1108— Response to an appeal petition.
- § 134.1109— Discovery and oral hearings.
- § 134.1110— New evidence.
- § 134.1111— Standard of review and burden of proof.
- § 134.1112— The decision.
Subpart L — Borrower Appeals of Final SBA Loan Review Decisions
- § 134.1201— Scope of the rules in this subpart.
- § 134.1202— Commencement of appeals of final SBA loan review decisions.
- § 134.1203— Standing.
- § 134.1204— The appeal petition.
- § 134.1205— Dismissal.
- § 134.1206— Notice and Order.
- § 134.1207— The administrative record.
- § 134.1208— Response to an appeal petition.
- § 134.1209— Evidence beyond the record, discovery, and oral hearings.
- § 134.1210— Standard of review.
- § 134.1211— Decision on appeal.
- § 134.1212— Effects of the decision.
- § 134.1213— Equal Access to Justice Act.
- § 134.1214— Confidential information.
Subpart M — Rules of Practice for Appeals of Protest Determinations Regarding the Status of a Concern as a Certified HUBZone Small Business Concern
- § 134.1301— What is the scope of the rules in this subpart?
- § 134.1302— Who may appeal a HUBZone status protest determination?
- § 134.1303— What time limits apply to filing an appeal from a HUBZone status protest determination?
- § 134.1304— What are the effects of the filing of an appeal on the procurement at issue?
- § 134.1305— What are the requirements for an appeal petition?
- § 134.1306— What are the service and filing requirements?
- § 134.1307— What are the requirements for transmitting the protest file?
- § 134.1308— What is the standard of review?
- § 134.1309— When will a Judge dismiss an appeal?
- § 134.1310— Who can file a response to an appeal petition and when must such a response be filed?
- § 134.1311— Will the Judge permit discovery and oral hearings?
- § 134.1312— What are the limitations on the introduction of new evidence?
- § 134.1313— When is the record closed?
- § 134.1314— When must the Judge issue the decision?
- § 134.1315— What are the effects of the Judge's decision on the procurement at issue?
- § 134.1316— Can a Judge reconsider an appeal decision?