[Code of Federal Regulations] [Title 13, Volume 1] [Revised as of January 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 13CFR134.101] [Page 472-474] 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 A--General Rules Sec. 134.101 Definitions. Subpart A--General Rules Sec. 134.101 Definitions. 134.102 Jurisdiction of OHA. 134.103 Rules applicable to time periods provided in this part. Subpart B--Rules of Practice for Most Cases 134.201 Scope of the rules in this subpart B. 134.202 Commencement of cases. 134.203 The petition. 134.204 Filing and service requirements. 134.205 Motion for a more definite statement. 134.206 The answer or response. 134.207 Amendments and supplemental pleadings. 134.208 Representation in cases before OHA. 134.209 Requirement of signature. 134.210 Intervention. 134.211 Motions. 134.212 Summary decision. 134.213 Discovery. 134.214 Subpoenas. 134.215 Interlocutory appeals. 134.216 Alternative dispute resolution procedures. 134.217 Settlement. 134.218 Judges. 134.219 Sanctions. 134.220 Prohibition against ex parte communications. 134.221 Prehearing conferences. 134.222 Oral hearing. 134.223 Evidence. 134.224 Standards for decision. 134.225 The record. 134.226 The decision. 134.227 Finality of decisions. 134.228 Review of initial decisions. 134.229 Termination of jurisdiction. Subpart C--Rules of Practice for Appeals From Size Determinations and NAICS Code Designations 134.301 Scope of the rules in this subpart C. 134.302 Who may appeal. 134.303 Advisory opinions. 134.304 Commencement of appeals from size determinations and NAICS code designations. [[Page 473]] 134.305 The appeal petition. 134.306 Transmission of the case file and solicitation. 134.307 Service and filing requirements. 134.308 Limitation on new evidence and adverse inference from non- submission in appeals from size determinations. 134.309 Response to an appeal petition. 134.310 Discovery. 134.311 Oral hearings. 134.312 Evidence. 134.313 Applicability of subpart B provisions. 134.314 Standard of review and burden of proof. 134.315 The record. 134.316 The decision. 134.317 Return of the case file. Subpart D--Rules of Practice for Appeals Under the 8(a) Program 134.401 Scope of the rules in this subpart D. 134.402 Appeal petition. 134.403 Service of appeal petition. 134.404 Decision by Administrative Law Judge. 134.405 Jurisdiction. 134.406 Review of administrative record. 134.407 Evidence beyond the record and discovery. 134.408 Summary decision. 134.409 Decision on appeal. Subpart E--Implementation of the Equal Access to Justice Act 134.501 What is the purpose of this subpart? 134.502 Under what circumstances may I apply for reimbursement? 134.503 What is an adversary adjudication? 134.504 What benefits may I claim? 134.505 Under what circumstances are fees and expenses reimbursable? 134.506 Who is eligible for possible reimbursement? 134.507 How do I know which eligibility requirement applies to me? 134.508 What are the special rules for calculating net worth and number of employees? 134.509 What is the difference between a fee and an expense? 134.510 Are there limitations on reimbursement for fees and expenses? 134.511 What should I include in my application for an award? 134.512 What must a net worth exhibit contain? 134.513 What documentation do I need for fees and expenses? 134.514 What deadlines apply to my application for an award and where do I send it? 134.515 How will proceedings relating to my application for fees and expenses be conducted? 134.516 How will I know if I receive an award? 134.517 May I seek review of the ALJ's decision on my award? 134.518 How are awards paid? Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 637(a), 648(l), 656(i), and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Source: 61 FR 2683, Jan. 29, 1996, unless otherwise noted. As used in this part: AA/OHA means the Assistant Administrator for OHA. Act means the Small Business Act, 15 U.S.C. 631 et seq. Address means the primary home or business address of a person or entity, including the street location or postal box number, city or town, state, and postal zip code. Appeal petition has the same meaning as petition. Area Office means a Government Contracting Area Office or a Disaster Area Office of the Small Business Administration. Day means a calendar day, unless a Judge specifies otherwise. Hearing means the presentation and consideration of argument and evidence. A hearing need not include live testimony or argument. Investment Act means the Small Business Investment Act of 1958, 15 U.S.C. 661 et seq. Judge means an Administrative Law Judge or an Administrative Judge of OHA, or the AA/OHA when he or she acts as an Administrative Judge. NAICS code means North American Industry Classification System code. OHA means the Office of Hearings and Appeals. Party means the petitioner, appellant, respondent, or intervenor, and the contracting officer in a NAICS code appeal. Person means an individual or any form of business entity. Petition (or appeal petition) means a written complaint, a written appeal from an SBA determination, or a written request for the initiation of proceedings before OHA. [[Page 474]] Pleading means a petition, an order to show cause commencing a case, an appeal petition, an answer, a response, or any amendment or supplement to those documents. Respondent means any person or governmental agency against which a case has been brought before OHA. SBA means the Small Business Administration. Size determination means a formal size determination made by an Area Office and includes decisions by Government Contracting Area Directors that determine whether two or more concerns are affiliated for purposes of SBA's financial assistance programs, or other programs for which an appropriate SBA official requested an affiliation determination. [61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47246, July 18, 2002; 69 FR 29208, May 21, 2004]