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Appeals, Hearings Division, Department of the Interior, for assignment to an ALJ.
(b) Upon the referral of the complaint, the ALJ shall promptly serve on defendant in the manner prescribed in § 35.8 of this part, a notice that an initial decision will be issued under this section.
(c) The ALJ shall assume the facts alleged in the complaint
its knowledge, and that the submission is not being filed for the purpose of delay or harassment. False statements are subject to criminal penalties. Any misconduct is subject to sanctions (see § 134.219).
[61 FR 2683, Jan. 29, 1996, as amended at
By interested persons. Any interested person may move to intervene at any time until the close of record by filing and serving a motion to intervene containing a statement of the moving party's interest in the case and the necessity for intervention to protect such interest. An interested person is any individual, business entity, or governmental agency that has a direct stake in the outcome of the appeal. The Judge may grant leave to intervene upon such terms as he or she deems
operating procedures, to review the contents of a settlement agreement for legality, the Judge may order the parties to file a copy of the settlement agreement. Otherwise, upon the filing of a joint motion to dismiss, the Judge will issue an order dismissing the case. Settlement negotiations, and rejected settlement agreements, are not admissible into evidence.
[61 FR
50042, Aug. 30, 2007.
§ 134.909 Standard of review.
The standard of review for deciding a Size Standard Petition is whether the process employed by the Administrator to revise, modify, or establish the size standard was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law. OHA will not
50042, Aug. 30, 2007.
§ 134.915 Remand.
If OHA grants a Size Standard Petition, OHA will remand the matter to the Office of Size Standards for further analysis. Once remanded, OHA no longer has jurisdiction over the matter unless a new Size Standard Petition is filed as a result of a new final rule published in the
50042, Aug. 30, 2007.
§ 134.1107 Transmission of the case file.
Once a VOSB or SDVOSB appeal is filed, the D/GC must deliver to OHA the entire case file relating to the denial or decertification. The Judge will issue a notice and order establishing the timetable for transmitting the case file to OHA. The D/GC must certify and
50042, Aug. 30, 2007.
§ 134.1203 Standing.
Only the borrower on a loan, or its legal successor in interest, for which SBA has issued a final SBA loan review decision that makes a finding in § 134.1201(b)(1)
§ 134.218. Unless the appeal is dismissed under § 134.1205, the Judge will issue a Notice and Order, utilizing the OHA Case Portal, establishing a deadline for production of the administrative record and specifying a date by which SBA may respond to the appeal.
{"origins":[{"level":"part","identifier":"134
determination (see § 134.204 for filing and service requirements). OHA shall dismiss any untimely appeal.
{"origins":[{"level":"part","identifier":"134","label_level":"Part 134","hierarchy":{"title":"13","chapter":"I","part":"134"},"current":false,"authority":["\u003ca href=\"https://www.govinfo.gov/link/uscode/5/504\" class
, renunciations of interest, and purchases at probate;
(5) Approve or disapprove any renunciation, settlement agreement, consolidation agreement, or purchase at probate;
(6) Allow or disallow claims against the estate under this part, and order the amount of payment for all approved claims;
(7) Include the probate case number that has been assigned to the case in any case management or tracking system
50042, Aug. 30, 2007.
§ 134.604 What benefits may I claim?
You may seek reimbursement for certain reasonable fees and expenses incurred in prosecuting or defending a claim in an administrative proceeding.
{"origins":[{"level":"part","identifier":"134
50042, Aug. 30, 2007.
§ 134.609 What is the difference between a fee and an expense?
A fee is a charge to you for the professional services of attorneys, agents, or expert witnesses rendered in connection with your case. An expense is the cost to you of any study, analysis, engineering report, test, project, or similar matter
§ 134.204 for filing and service requirements). An untimely appeal must be dismissed.
{"origins":[{"level":"part","identifier":"134","label_level":"Part 134","hierarchy":{"title":"13","chapter":"I","part":"134"},"current":false,"authority":["\u003ca href=\"https://www.govinfo.gov/link/uscode/5/504\" class=\"usc external\" target
part 121 of this chapter, or by a Disaster Area Office, in connection with applications for disaster loans; and
(b) NAICS code designations, pursuant to part 121 of this chapter.
[61 FR 2683, Jan. 29, 1996
of the Census. The Secretary shall revise annually (or at any shorter interval the Secretary determines to be feasible and desirable) the poverty line, which shall be used as a criterion of eligibility in the community services block grant program established under this chapter. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index for All Urban Consumers during the annual or other interval immediately preceding
(2) One or more of the disadvantaged owners upon whom the Participant's eligibility is based are no longer economically disadvantaged.
(b) Exceeding the size standard corresponding to the primary NAICS code. SBA may graduate a Participant prior to the expiration of its program term where the firm exceeds the size standard corresponding to its primary NAICS code, as adjusted during the program, for three successive program
Stat. 1694, which related to penalties for violations, was transferred to section 7524 of this title.
Section 1857f–5, act July 14, 1955, ch. 360, title II, §206, as added Dec. 31, 1970,
Section 120.1425(c)(6) sets forth the grounds for SBA Microloan Program immediate suspension of an Intermediary.
(c) Revocation. SBA may revoke an Intermediary's authority to participate in the Microloan Program which may include, but is not limited to:
(1) Removal from the program;
Funding agreement means any contract, grant or cooperative agreement entered into between any Federal agency and any small business for the purposes of the SBIR or STTR program.
(3) Hedge fund has the meaning given that term in section 13(h)(2) of the Bank Holding Company Act of 1956 (
90 FR 2430-2431, Jan. 10, 2025.
§ 4.1301 Who may file.
Any individual served a notice of proposed individual civil penalty assessment may file a petition for review with DCHD.
[43 FR 34386
90 FR 2430-2431, Jan. 10, 2025.
§ 4.1370 Scope.
Sections 4.1370 through 4.1377 govern the procedures for review of a written notice of proposed suspension or rescission of an improvidently issued permit issued by OSM under
90 FR 2430-2431, Jan. 10, 2025.
§ 4.1380 Scope.
Sections 4.1380 through 4.1387 govern the procedures for review of a written decision issued by OSM under
(5) The agency, in the selection of procurement contractors, may not use criteria that subject qualified individuals with handicaps to discrimination on the basis of handicap.
(6) The agency may not administer a licensing or certification program in a manner that subjects qualified individuals with handicaps to discrimination on the basis of handicap, nor may the agency establish requirements for the programs or activities of licenses or certified entities that
§ 16.10 Default upon failure to file an answer.
(a) If the defendant does not file an answer within the time prescribed in § 16.9(a), the reviewing official may refer the complaint to the ALJ for initial decision.
license, by or with a person whose property and interests in property are blocked pursuant to § 589.201; or
(2) An ordinarily incident transaction, not explicitly authorized within the terms of the license, involving a debit to a blocked account or a transfer of blocked property.
(b) For example, a license authorizing a person to
§ 589.501 General and specific licensing procedures.
For provisions relating to licensing procedures, see part 501, subpart E, of this chapter. Licensing actions taken pursuant to part 501 of this chapter with respect to the prohibitions contained in this
§ 589.201, subject to the following conditions:
(a) The assets representing such investments and reinvestments are credited to a blocked account or subaccount that is held in the same name at the same U.S. financial institution, or within the possession or control of a U.S. person, but funds shall not be transferred outside the United States for this purpose;
(b) The proceeds of such investments