[Code of Federal Regulations]

[Title 13, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 13CFR124.206]



[Page 381]

 

                TITLE 13--BUSINESS CREDIT AND 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 chapter with OHA within 45 days after 

the applicant receives 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.



[63 FR 35739, June 30, 1998, as amended at 67 FR 47246, July 18, 2002]