[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: 13CFR124.206]
[Page 255]
ASSISTANCE
CHAPTER I--SMALL BUSINESS ADMINISTRATION
PART 124--8(A) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS--Table of Contents
Subpart A--8(a) Business Development
Sec. 124.206 What appeal rights are available to an applicant that has been denied admission?
(a) An applicant may appeal a denial of program admission to SBA's
Office of Hearings and Appeals (OHA), if it is based solely on a
negative finding of social disadvantage, economic disadvantage,
ownership, control, or any combination of these four criteria. A denial
decision that is based at least in part on the failure to meet any other
eligibility criterion is not appealable and is the final decision of
SBA.
(b) The applicant may appeal an initial decision of the AA/8(a)BD
without requesting reconsideration, or may appeal the decision of the
AA/8(a)BD on reconsideration.
(c) The applicant may initiate an appeal by filing a petition in
accordance with part 134 of this title with OHA within 45 days of the
date of service (as defined in Sec. 134.204) of the Agency decision.
(d) If an appeal is filed with OHA, the written decision of the
Administrative Law Judge is the final Agency decision. If an appealable
decision is not appealed, the decision of the AA/8(a)BD is the final
Agency decision.