13 C.F.R. § 124.206

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

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(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]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1989–2022 · leading case: Ardmore Consulting Grp., Inc. v. Contreras-Sweet, 118 F. Supp. 3d 388 (D.D.C. 2015).

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Ardmore Consulting Grp., Inc. v. Contreras-Sweet, 118 F. Supp. 3d 388 (D.D.C. 2015). “See 13 C.F.R. § 124.206 (a) ("An applicant may appeal the denial of a program admission to SBA’s Office of Hearings and Appeals .”

Cognitive Prof'l Servs. Inc. v. U.S. Small Bus. Admin., 254 F. Supp. 3d 22 (D.D.C. 2017). “See 13 C.F.R. § 124.206 (a). Then, on May 11, 2015, CPS filed the instant complaint, which alleges, in Count One, that SBA violated the APA because all of the agency’s stated reasons for denying CPS admission to the Section 8(a) program, including its potential-for-success and…”

Neuma Corp. v. Abdnor, 713 F. Supp. 1 (D.D.C. 1989). “This requirement is codified in the SBA’s regulations at 13 C.F. R. § 124.206 and provides: The [responsible Associate Administrator] has final authority over approval or declination of applications for admission to the section 8(a) program.”

Gtec Indus., Inc. v. McMahon (D.D.C. 2022). “205 (1) (2018); 13 C.F.R. § 124.206 (a) (2018). There is similarly no merit to the company’s next argument: that the scope of the SBA’s reconsideration should have been limited to the grounds given for its initial denial.”

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