[Code of Federal Regulations] [Title 13, Volume 1] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 13CFR134.314] [Page 493] TITLE 13--BUSINESS CREDIT AND ASSISTANCE CHAPTER I--SMALL BUSINESS ADMINISTRATION PART 134_RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND Subpart C_Rules of Practice for Appeals From Size Determinations and NAICS Code Designations Sec. 134.314 Standard of review and burden of proof. The standard of review is whether the size determination or NAICS code designation was based on clear error of fact or law. The appellant has the burden of proof, by a preponderance of the evidence, in both size and NAICS code appeals. [61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002; 69 FR 29209, May 21, 2004]