13 C.F.R. § 134.309

Response to an appeal petition

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(a) Who may respond. Any person served with an appeal petition, any intervenor, or any person with a general interest in an issue raised by the appeal may file and serve a response supporting or opposing the appeal. The response should present argument.

(b) Time limits. The Judge will issue a Notice and Order informing the parties of the filing of the appeal petition, establishing the close of record as 15 days after service of the Notice and Order, and informing the parties that OHA must receive any responses to the appeal petition no later than the close of record.

(c) Service. The respondent must serve its response upon the appellant and upon each of the persons identified in the certificate of service attached to the appeal petition pursuant to § 134.305.

(d) Reply to a response. No reply to a response will be permitted unless the Judge directs otherwise.

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47250, July 18, 2002]

Notes of Decisions

Cited in 3 cases, 1999–2015 · leading case: Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006).

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Advanced Sys. Tech., Inc. v. United States, 69 Fed. Cl. 474 (Fed. Cl. 2006). · cites it 4× “” 13 C.F.R. § 134.309 (a). When the appeal is filed, the judge “will issue a Notice and Order informing the parties of the filing of the appeal petition” and will establish the close of the record as 15 days after service of the Notice and Order.”

Palladian Partners, Inc. v. United States, 783 F.3d 1243 (Fed. Cir. 2015). “” 13 C.F.R. § 134.309 (a). Accordingly, any interested party can present evidence and arguments for OHA to consider.”

DSE, Inc. v. United States, 169 F.3d 21 (D.C. Cir. 1999). “See 13 C.F.R. § 134.309 (b). “It is within the discretion of the [OHA Judge] whether to accept an appeal from a size determination.”

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