13 CFR § 124.206 8(a) Business Development/Small Disadvantaged Business Status Determinations

§ 124.206 What appeal rights are available to an applicant that has been denied admission?

Current through Sep 29, 2026 · Read all of Part 124

(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 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.

[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]

← § 124.205 Can an applicant ask SBA to reconsider SBA's initial decision to decline its application?§ 124.207 Can an applicant reapply for admission to the 8(a) BD program? →