[Code of Federal Regulations]
[Title 2, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 2CFR2700.890]

[Page 263]
 
                     TITLE 2--GRANTS AND AGREEMENTS
 
              CHAPTER XXVII--SMALL BUSINESS ADMINISTRATION
 
PART 2700_NONPROCUREMENT DEBARMENT AND SUSPENSION--Table of Contents
 
                           Subpart H_Debarment
 
Sec. 2700.890  How may I appeal my debarment?


    (a) If the SBA debarring official issues a decision under Sec. 
180.870 to debar you after you present information in opposition to a 
proposed debarment under Sec. 180.815, you may ask for review of the 
debarring official's decision in two ways:
    (1) You may ask the debarring official to reconsider the decision 
for material errors of fact or law that you believe will change the 
outcome of the matter; or
    (2) You may request that the SBA Office of Hearings and Appeals 
(OHA) review the debarring official's decision to debar you within 30 
days of your receipt of the debarring official's decision under Sec. 
180.870 or paragraph (a)(1) of this section. However, OHA may reverse 
the debarring official's decision only where OHA finds that the decision 
is based on a clear error of material fact or law, or where OHA finds 
that the debarring official's decision was arbitrary, capricious, or an 
abuse of discretion. You may appeal the debarring official's decision 
without requesting reconsideration, or you may appeal the decision of 
the debarring official on reconsideration. The procedures governing OHA 
appeals are set forth in 13 CFR part 134.
    (b) A request for review under this section must be in writing; 
state the specific findings you believe to be in error; and include the 
reasons or legal bases for your position.
    (c) OHA, in its discretion, may stay the debarment pending review of 
the debarring official's decision.
    (d) The SBA debarring official and OHA must notify you of their 
decision under this section, in writing, using the notice procedures set 
forth at Sec. Sec. 180.615 and 180.975.