OHA Appeals

Frequently Asked Questions

Development Company 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 a Development appeal?

A Development (Small Disadvantaged Business) appeal is an appeal from the SBA’s written notice of one the following:

  • Suspension or revocation of ALP designation (sec. 120.840(d));
  • Suspension or revocation of PCLP designation (sec. 120.845(e));
  • Suspension or revocation of ADC status (sec. 120.852);
  • Suspension or revocation of broker or dealer (sec. 120.956);
  • Transfer of CDC to ADC status (sec. 120.980); or
  • Suspension or revocation of CDC certification (sec. 120.984(c)).


2.  I want to appeal a Development determination.  What must I do?

  • Read the SBA regulations governing Development appeals at 13 C.F.R. Part 134, secs. 134.101-134.229.  These regulations tell you, among other things, what the appeal petition must include (secs. 134.203, how to file and serve the appeal (sec. 134.204(a)(3)), who may represent your company (sec. 134.208), and how to calculate the filing deadline (secs. 134.202(a)(1) and 134.103(a)).
  • Argue in writing why you think the SBA’s determination is not supported by the preponderance of the evidence (secs. 134.224).  Use the SBA's regulations governing SBA’s Development Company Loan Program, 13 C.F.R. Part 120, subpart H (secs. 120.800-120.991), 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, 4-digit decision number, and year.  To search OHA's past decisions, click here.
  • Include any necessary attachments, such as the SBA determination you are appealing.  Note:  The SBA must provide OHA with the Administrative Record, which consists of all documents it possessed concerning the Petitioner and on which it relied in its determination (sec. 134.206(d)).  
  •  Prepare any needed motions (written requests).  See sec. 134.211.  You must file a motion, for example, if you want to request discovery (sec. 134.213(a)) 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 (sec. 134.204(a)(3)) 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 Judge MUST dismiss untimely appeals (sec. 134.103(b)).


3.  I have filed my Development appeal.  Now what happens?

The Judge assigned to your appeal will issue an order requiring the SBA to file any response and the Administrative Record (sec. 134.206), giving you an opportunity to object to the contents of the Administrative Record, and setting the close of record (sec. 134.225(c)). 

The Judge decides the appeal in a written decision or order setting out the pertinent issues, findings of fact (based on the Administrative Record), 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 Judge will take to decide your appeal.

4.  What happens after the Judge issues the decision?

Within 20 days after service of the initial decision, any party may request the Judge to reconsider it.  See sec. 134.227(c).  Additionally, within 30 days after service of an initial decision or a reconsidered initial decision, any party, or SBA’s Office of General Counsel, may request review by SBA’s Administrator.  See sec. 134.228.  Barring a request for reconsideration or review and a subsequent change to it, the Judge’s initial decision will become the final decision of the SBA when the deadlines have passed.  After that, the only remedy is to file a lawsuit in Federal court.