---
kind: "section"
citation: "13 C.F.R. § 134.203"
title: "13"
number: "134.203"
heading: "The appeal petition."
url: "https://uscodex.org/cfr/13/134.203"
---

# §134.203. The appeal petition.

- (a) A petition must contain the following:
  - (1) The basis of OHA's jurisdiction (see [§ 134.102](/cfr/13/134.102.md));
  - (2) A copy of the SBA determination being appealed, if applicable, and the date the determination was received by the petitioner;
  - (3) A clear and concise statement of the factual basis of the case and applicable legal arguments;
  - (4) The relief being sought;
  - (5) The name, address, telephone number, facsimile number, e-mail address, and signature of the petitioner or its attorney; and
  - (6) A certificate of service (see [§ 134.204(d)](/cfr/13/134.204.md?p=d)).
- (b) If the applicable subpart of this part 134 (or the program regulations) requires other documents or information with the appeal petition, these must also be included.
- (c) A petition which does not contain all of the information required by paragraphs [(a)](#a) and [(b)](#b) of this section may be dismissed, with or without prejudice, at the Judge's own initiative, or upon motion of the respondent.
- (d) **Format.**
  - (1) An appeal petition should be on 8.5″ × 11″ paper with a clear type at least 12 point in size. Preferably, double-space the main text and use 1″ margins all around. Number each page. A separate cover letter is not needed. A table of contents is optional. Hard copies of documents sent by facsimile or electronic mail are not needed unless specifically requested.
  - (2) The maximum length of an appeal petition (not including attachments) is 20 pages, unless prior leave is sought by the petitioner and granted by the Judge. A table of authorities is required only for petitions citing more than twenty cases, regulations, or statutes.
  - (3) **Clearly label any exhibits and attachments.** Do not include documents already submitted to SBA in connection with the matter being appealed. SBA will submit these directly to OHA.
- (e) **Motion for a more definite appeal petition.** A respondent, SBA, or a contracting officer (for NAICS appeals) may, not later than five days after receiving a petition, move for an order to the petitioner to provide a more definite appeal petition or otherwise comply with this section. A Judge may order a more definite appeal petition on his or her own initiative.
  - (1) A motion for a more definite appeal petition stays the respondent's time for filing an answer or response. The Judge will establish the time for filing and serving an answer or response.
  - (2) If the petitioner does not comply with the Judge's order to provide a more definite appeal petition or otherwise fails to comply with applicable regulations, the Judge may dismiss the petition with prejudice.
- (f) **Notice and Order.** After an appeal petition is filed, OHA will issue a Notice and Order and serve it upon all known parties (or their attorneys). If a party does not receive a Notice and Order, it should contact OHA.

## Notes

### Amendments

[67 FR 47247, July 18, 2002, as amended at 75 FR 47439, Aug. 6, 2010]

### 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.

### Amendments

[67 FR 47247, July 18, 2002, as amended at 75 FR 47439, Aug. 6, 2010]