---
kind: "section"
citation: "13 C.F.R. § 124.206"
title: "13"
number: "124.206"
heading: "What appeal rights are available to an applicant that has been denied admission?"
url: "https://uscodex.org/cfr/13/124.206"
---

# §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) [Reserved]
- (b) The applicant may initiate an appeal by filing a petition in accordance with [part 134](/cfr/13/part134.md) of this chapter with OHA within 45 days after the applicant receives the Agency decision.
- (c) 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/BD is the final Agency decision.

## Notes

### Amendments

[63 FR 35739, June 30, 1998, as amended at 67 FR 47246, July 18, 2002; 74 FR 45753, Sept. 4, 2009; 85 FR 66185, Oct. 16, 2020]

### Authority

Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d), 644, 42 U.S.C. 9815; and Pub. L. 99-661, 100 Stat. 3816; Sec. 1207, Pub. L. 100-656, 102 Stat. 3853; Pub. L. 101-37, 103 Stat. 70; Pub. L. 101-574, 104 Stat. 2814; Sec. 8021, Pub. L. 108-87, 117 Stat. 1054; and Sec. 330, Pub. L. 116-260.

### Source

Source: 63 FR 35739, June 30, 1998, unless otherwise noted.

### Amendments

[63 FR 35739, June 30, 1998, as amended at 67 FR 47246, July 18, 2002; 74 FR 45753, Sept. 4, 2009; 85 FR 66185, Oct. 16, 2020]