GroundRules
13 CFR 134.1309: When will a Judge dismiss an appeal?
Where this section sits in the code
- Title 13—Business Credit and Assistance
- CHAPTER I—SMALL BUSINESS ADMINISTRATION
- PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS
- Subpart M—Rules of Practice for Appeals of Protest Determinations Regarding the Status of a Concern as a Certified HUBZone Small Business Concern
The presiding Judge must dismiss the appeal if:
(a) The appeal is untimely filed under § 134.1303;
(b) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination; or
(c) The matter has been decided or is the subject of adjudication before a court of competent jurisdiction over such matters; however, once an appeal has been filed, initiation of litigation of the matter in a court of competent jurisdiction will not preclude the Judge from rendering a final decision on the matter.
Collected 2026-08-27T02:24:18Z. Source file · JSON