[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR124.1009]

[Page 288]
 
                               ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 124--8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS--Table of Contents
 
Subpart B--Eligibility, Certification, and Protests Relating to Federal 
                  Small Disadvantaged Business Programs
 
Sec. 124.1009  How does a firm appeal a decision of a Private Certifier?

    Where a Private Certifier performs an ownership and control 
determination and finds that a firm is not owned and controlled by the 
individual(s) claiming disadvantaged status, the firm may appeal that 
decision to OHA pursuant to part 134 of this title. The firm must serve 
SBA's Associate General Counsel for General Law and the applicable 
Private Certifier with a copy of the appeal.
    (a) The Private Certifier must submit to OHA the full record upon 
which its decision was based within two days of receiving notification 
that an appeal has been filed.
    (b) The Private Certifier and SBA may each elect to appear or not 
appear in an appeal proceeding.
    (c) OHA's review is limited to the facts that were before the 
Private Certifier at the time of its final decision and any arguments 
submitted in or in response to the appeal. OHA will not consider any 
facts beyond those that were already presented to the Private Certifier 
unless the administrative judge determines that manifest injustice would 
occur if the appeal were limited to the record.
    (d) OHA will decide whether it believes that the facts are supported 
by a preponderance of the evidence the Private Certifier's determination 
regarding ownership and control.
    (e) Where the facts presented in the record leave significant doubt 
as to whether the petitioner is or is not owned and controlled by one or 
more individuals claiming to be disadvantaged, the administrative judge 
may remand the case to the Private Certifier for reconsideration in 
accord with his or her remand order.
    (f) If OHA finds that the firm is owned and controlled by the 
individual(s) claiming disadvantaged status, OHA will refer the 
application to SBA for further processing. If OHA finds that the firm is 
not owned and controlled by such individual(s), the administrative judge 
will state the reasons for that decision, which will be the final 
decision of the Agency.