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Appeals from Determinations of 8(a) BD Eligibility, Early Graduation, or Termination

 

 

1.    What is the time limit for filing an 8(a) appeal?

You must file your 8(a) appeal with OHA within 45 calendar days of receiving the SBA determination being appealed.  13 C.F.R. § 134.404.  OHA must receive your appeal by 5 pm EST on the forty-fifth day.

2.    Where must I file my appeal?

You must file your appeal with OHA by email at ohafilings@sba.gov or by fax at (202) 205-7059.  Please call us at (202) 401-8200 to verify receipt.

3.    What else must I do?

If filing an early graduation or termination appeal, in addition to OHA, you must also send your appeal to:

  • SBA Director of Business Development
  • Associate General Counsel for Litigation, 13 C.F.R. § 134.403(b)(1)

If filing an appeal of denial of program admission, suspension of program assistance, or denial of a request for waiver, in addition to OHA, you must also send your appeal to:

  • SBA Director of Business Development
  • Associate General Counsel for Procurement Law, 13 C.F.R. § 134.403(b)(2)

4.    What must I include with my appeal?

5.    What must I put in my appeal?

  • The full name of the company (the petitioner)
  • A statement of basis for OHA’s jurisdiction (i.e., denial of program entry under 13 C.F.R. §§ 124.206 and 134.102(j)(1))
  • An allegation that SBA acted arbitrarily, capriciously, or contrary to law in reaching its decision
  • A clear and concise statement of the facts which, if true, would warrant reversal or modification of the determination
  • The reason(s) why SBA’s determination is arbitrary, capricious, or contrary to law
  • The relief being sought (i.e., that the judge should find the SBA acted arbitrarily, capriciously, or contrary to law in denying the company admission into the 8(a) BD program)
  • Name, address, email, and telephone and facsimile numbers of petitioner or its attorney
  • Signature of petitioner’s owner, officer, or attorney

6.    What rules and regulations will OHA use when deciding my appeal, and where can I find them?

The 8(a) program regulations are available at 13 C.F.R. part 124.  OHA’s regulations are available at 13 C.F.R. §§ 134.101-229 and 401-09.  You may search OHA’s decisions interpreting these regulations in our database.

7.    I have filed my appeal. Now what happens?

If practicable, the Administrative Law Judge will issue a written decision within 90 calendar days of the date you filed your appeal.

 

DISCLAIMER: WE PROVIDE THIS LIMITED INFORMATION TO HELP SMALL BUSINESSES FILE AN APPEAL. COMPLETE INFORMATION IS AVAILABLE AT 13 C.F.R. PART 124 AND 13 C.F.R. §§ 134.101-229 and 401-09.