OHA Appeals

Frequently Asked Questions

8(a) Business Development (8(a) BD)Program Suspension Appeals


DISCLAIMER:  WE PROVIDE THIS INFORMATION ON OUR HOME PAGE TO FACILITATE THE PREPARING  AN APPEAL. THE INFORMATION IS NOT INTENDED TO PROVIDE ALL AVAILABLE INFORMATION REGARDING APPEALS. 


1.  What is an 8(a) BD suspension appeal?

An 8(a) BD suspension appeal is an appeal from an SBA determination, made by the Director, Office of Business Development, suspending assistance to an 8(a) participant (see sec. 124.305).  The SBA initiates an 8(a) BD suspension action (sec. 124.305) in connection with a proposed termination action (see secs. 124.301, 303-304).  The suspension remains in effect pending the result of the appeal (see sec. 124.305(c).  If, 45 days after receiving a notice of suspension, the participant has not appealed to OHA, the participant cannot contest the suspension before OHA, and the determination of the Director, Office of Business Development is the final SBA decision (see sec. 124.305(c), (e).

2.  I want to appeal an 8(a) BD suspension determination.  What must I do?

  • Read the SBA regulations governing 8(a) BD suspension appeals at 13 C.F.R. Part 134, secs. 134.101-134.229 and 134.401-09.  These regulations tell you, among other things, what the appeal petition must include (secs. 134.203 and 134.402), how to file and serve the appeal (secs. 134.204 and 134.403(a)(1)), who may represent your company (sec. 134.208), and how to calculate the filing deadline (secs. 124.305(c), 134.202(a)(1), and 134.103(a)).

  • Argue in writing why you think that the SBA erred in determining that suspension is needed to  protect the interest of the Government and that the Administrative Law Judge (ALJ) should lift the suspension (secs. 124.305(a), 134.203(a)(3), (4), and 124.305(d)).  Use the SBA's regulations governing SBA 8(a) BD suspension determinations at 13 C.F.R. Part 124, Subpart A, and OHA's past decisions to help you formulate your legal argument.  Cite particular regulatory sections by number and cite particular OHA decisions by case name, 3-digit decision number, and year.  To search OHA's past decisions, click here.

  • Include any necessary attachments, such as the suspension determination (sec. 134.203(a)(2)).  Note:  The SBA must provide OHA with adequate evidence to show that protection of the Federal Government's interest requires suspension (sec. 124.305(d)).

  • Prepare any needed motions (written requests).  See sec. 134.211.  You must file a motion, for example, if you want to submit new evidence or request discovery (sec. 134.407) or to request an oral hearing (sec. 134.222).

  • Prepare a signed certificate of service stating to whom you served the appeal petition, the method used, and the date.  See sec. 134.204(d).  For a sample certificate of service, click here.

  • Serve your appeal petition, including the certificate of service, to all parties (secs.134.203(a)(6), 134.204(c), and 134.403(a)(1) and (b)) and file the appeal petition and all required enclosures with OHA as directed in sec. 134.204(b).

  • Serve your appeal petition, including the certificate of service, to all parties (secs.134.203(a)(6), 134.204(c), and 134.403(a)(1) and (b)) and file the appeal petition and all required enclosures with OHA as directed in sec. 134.204(b).

  • File the appeal petition ON TIME (secs. 134.202(a)(1) and 134.103(a)).  The ALJ MUST dismiss untimely appeals (secs. 134.103(b), 134.405(a)(2)).

3.  I have filed my 8(a) BD suspension appeal.  Now what happens?

The ALJ assigned to your appeal will issue one or more orders addressing any discovery, presentation of documentary evidence, disposition of any motions, scheduling of any oral hearing, or submission of post-hearing briefs.

The ALJ decides the appeal based on the documentary evidence and on testimony presented in an oral hearing, if the ALJ decides that it is necessary based on your request (see secs. 124.305(c) and 134.222(a)(2)) . 

The ALJ will decide the appeal in a written decision or order setting out the pertinent issues, findings of fact (based on the evidence presented), and conclusions of law (based on statute, regulation, and case law).  The Judge will rule on any motions either in the decision or in one or more separate orders.

OHA staff cannot estimate the time the ALJ will take to decide your appeal.

4.  What happens after the ALJ issues the decision?

Within 20 days after service of the written decision, the ALJ may reconsider it.  See sec. 134.409(c).  Barring such reconsideration, the decision is the final decision of the SBA.  After that, the only way to challenge the decision is to file a lawsuit in Federal court.