[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR134.228]

[Page 390-391]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 134--RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS--Table of Contents
 
               Subpart B--Rules of Practice for Most Cases
 
Sec. 134.228  Review of initial decisions.

    (a) Request for review. Within 30 days after the service of an 
initial decision, any party, or SBA's Office of General Counsel, may 
serve and file with OHA a request for review. A request for review must 
set forth the filing party's specific objections to the initial 
decision, and any alleged support for those objections in the record, or 
in case law, statute, regulation, or SBA policy. A party must serve its 
request for review upon all other parties and upon SBA's Office of 
General Counsel.
    (b) Response. Within 20 days after the service of a request for 
review, any party, or SBA's Office of General Counsel, may serve and 
file with OHA a response. A party must serve its response upon all other 
parties and upon SBA's Office of General Counsel.
    (c) Transfer of the record. Upon receipt of all responses, or 30 
days after the filing of a request for review, whichever is earlier, OHA 
will transfer the record of the case to the Administrator. The 
Administrator, or his or her designee, will then review the record.
    (d) Standard of review. Upon review, the Administrator, or his or 
her designee, will sustain the initial decision

[[Page 391]]

unless it is based on an erroneous finding of fact or an erroneous 
interpretation or application of case law, statute, regulation, or SBA 
policy.
    (e) Order. The Administrator, or his or her designee, will:
    (1) Affirm, reverse, or modify the initial decision, which 
determination will become the final decision of the SBA upon issuance; 
or
    (2) Remand the initial decision to the Judge for appropriate further 
proceedings.