§134.102. Jurisdiction of OHA.

13 C.F.R. § 134.102

OHA has authority to conduct proceedings in the following cases:

(a)

The revocation or suspension of Small Business Investment Company licenses, cease and desist orders, and the removal or suspension of directors and officers of licensees, under the Investment Act and part 107 of this chapter;

(b)

Alleged violations of those civil rights laws which are effectuated by parts 112, 113, 117, and 136 of this chapter;

(c)

The revocation of the privilege of a person to conduct business with SBA under the Act and part 103 of this chapter;

(d)

7(a) Lender appeals from informal enforcement actions and final agency decisions on 7(a) Lender formal enforcement actions, and any other appeal that is specifically authorized by part 120 of this title, but not including appeals of actions against SBA Supervised Lenders under § 120.1600(b) or (c) or under § 120.465;

(e)

The suspension or termination of surety bond program participants under 15 U.S.C. 694a et seq. and part 115 of this chapter;

(f)

[Reserved]

(g)

Allowance of fees and expenses under the Equal Access to Justice Act, 5 U.S.C. 504;

(h)

Debarment from appearance before the SBA because of post-employment restrictions under 18 U.S.C. 207 and part 105 of this chapter;

(i)

Collection of debts owed to SBA and the United States under the Debt Collection Act of 1982, the Debt Collection Improvement Act of 1996, and part 140 of this chapter;

(j)

Appeals from the following SBA 8(a) program determinations under the Act and part 124 of this chapter—

(1)

Denial of program admission based solely on a negative finding as to social disadvantage, economic disadvantage, ownership or control; program termination; program graduation; or denial of a waiver of the requirement to perform to completion an 8(a) contract; and

(2)

Program suspension;

(k)

Appeals from size determinations and NAICS code designations under part 121 of this chapter;

(l)

The imposition of civil penalties and assessments against persons who make false claims or statements to SBA under the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812 and part 142 of this chapter;

(m)

-(n) [Reserved]

(o)

The suspension, termination, or non-renewal of cooperative agreements with Women's Business Centers and Small Business Development Centers under the Act and part 130 of this chapter;

(p)

Certain matters involving debarments and suspensions under 2 CFR parts 180 and 2700;

(q)

[Reserved]

(r)

Appeals from SBA Employee Dispute Resolution Process cases (Employee Disputes) under Standard Operating Procedure (SOP) 37 71 (available at http://www.sba.gov/tools/resourcelibrary/sops/index.html or through OHA's Web site http://www.sba.gov/oha) and subpart H of this part;

(s)

Appeals from Women-Owned Small Business or Economically-Disadvantaged Women-Owned Small Business protest determinations under part 127 of this chapter;

(t)

Petitions for reconsideration of revised, modified, or established size standards pursuant to 15 U.S.C. 632(a)(9);

(u)

Protests of eligibility for inclusion in the Veteran Small Business Certification Program;

(v)

Appeals of denials of certification in and decertification from the Veteran Small Business Certification Program;

(w)

Appeals of certain SBA loan review decisions as defined in 13 CFR 134.1201; and

(x)

Appeals from HUBZone status protest determinations under part 126 of this chapter.

Notes, amendments, and revision history

Amendments

[61 FR 2683, Jan. 29, 1996, as amended at 66 FR 47074, Sept. 11, 2001; 67 FR 47246, July 18, 2002; 69 FR 25271, May 5, 2004; 69 FR 29208, May 21, 2004; 70 FR 17587, Apr. 7, 2005; 72 FR 39730, July 20, 2007; 73 FR 56954, Oct. 1, 2008; 75 FR 47438, Aug. 6, 2010; 75 FR 62292, Oct. 7, 2010; 82 FR 25506, June 2, 2017; 83 FR 13628, Mar. 30, 2018; 85 FR 14784, Mar. 16, 2020; 85 FR 52887, Aug. 27, 2020; 87 FR 73425, Nov. 29, 2022; 88 FR 21089, Apr. 10, 2023]

Authority

Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart J issued under 15 U.S.C. 657f. Subpart K issued under 15 U.S.C. 657f. Subpart L issued under 15 U.S.C. 636(a)(36); Pub. L. 116-136, 134 Stat. 281; Pub. L. 116-139, 134 Stat. 620; Pub. L. 116-142, 134 Stat. 641; and Pub. L. 116-147, 134 Stat. 660. Subpart M issued under 15 U.S.C. 657a; Pub. L. 117-81, 135 Stat. 1541.

Source

Source: 61 FR 2683, Jan. 29, 1996, unless otherwise noted.

§134.102. Jurisdiction of OHA.

Amendments

Authority

Source

Amendments

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Incoming references