---
kind: "section"
citation: "13 C.F.R. § 134.226"
title: "13"
number: "134.226"
heading: "The decision."
url: "https://uscodex.org/cfr/13/134.226"
---

# §134.226. The decision.

- (a) **Contents.**
  - (1) Following close of record, the Judge will issue a decision containing findings of fact and conclusions of law, the reasons for such findings and conclusions, and any relief ordered. The record will constitute the exclusive basis for a decision.
  - (2) **An OHA decision creates precedent, unless—**
    - (i) Another regulation in this chapter applicable to a specific type of appeal provides that the OHA decision does not create precedent; or
    - (ii) the decision is designated as one not to be cited as precedent.
  - (3) A summary decision containing only cursory findings of fact and conclusions of law may be issued only if the Judge finds a full decision will not advance understanding of Federal statutes or applicable regulations, policies, or procedures and the underlying facts and law are of a routine and non-complex nature.
- (b) **Time limits.** Decisions pertaining to the 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](/cfr/13/part140.md) of this chapter must be made within 60 days after a petition is filed. Time limits for decisions in other types of cases, if any, are indicated either in the applicable program regulations or in other subparts of this part 134.
- (c) **Service.** OHA will serve a copy of all written decisions on:
  - (1) Each party, or, if represented by counsel, on its counsel; and
  - (2) **SBA's General Counsel, or his or her designee, if SBA is not a party.**

## Notes

### Amendments

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002; 70 FR 17587, Apr. 7, 2005; 75 FR 47442, 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

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47249, July 18, 2002; 70 FR 17587, Apr. 7, 2005; 75 FR 47442, Aug. 6, 2010]