Rules of Procedure Governing Cases Before the Office of Hearings and Appeals

Federal RegisterJan 29, 1996

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SMALL BUSINESS ADMINISTRATION

13 CFR Parts 112, 113, 124, 132, 134, and 136

Rules of Procedure Governing Cases Before the Office of Hearings

and Appeals

AGENCY: Small Business Administration.

ACTION: Final rule.

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SUMMARY: In response to President Clinton's government-wide regulatory

reform initiative, the Small Business Administration (SBA) has

completed a page-by-page, line-by-line review of all of its existing

regulations to determine which might be revised or eliminated. This

final rule essentially reorganizes all but two of the regulations

pertaining to procedures before the Office of Hearings and Appeals

(OHA) and consolidates them into one part. In addition, the rule

clarifies, simplifies, and significantly shortens those regulations. A

number of substantive changes are also made.

DATES: This rule is effective February 28, 1996. This rule applies with

respect to all cases filed with OHA on or after February 28, 1996.

FOR FURTHER INFORMATION CONTACT: Gary Fox, Chief Counsel for Special

Litigation, Office of General Counsel, Small Business Administration,

409 Third Street SW., Washington, D.C. 20416, at (202) 205-6643.

SUPPLEMENTARY INFORMATION: On March 4, 1995, President Clinton issued a

memorandum to Federal agencies, directing them to simplify their

regulations. In response to this directive, SBA has completed a page-

by-page, line-by-line review of all of its existing regulations to

determine which might be revised or eliminated. This rule consolidates

most existing regulations governing proceedings before OHA into part

134 with the exception of those solely relating to 8(a) program

proceedings, which are set forth in part 124 of this chapter, and those

solely pertaining to proceedings under the Program Fraud Civil Remedies

Act, which are contained in part 142 of this chapter. This rule also

clarifies, simplifies, and revises the current rules, reorganizes

sections for ease of use, and eliminates unnecessary provisions.

The rule is divided into four subparts. Subpart A contains general

rules. Subpart B contains rules of practice generally applicable to all

cases before OHA except size and SIC code appeals. However, as set

forth in Sec. 134.201, in the case of a conflict between a particular

rule in part 134, and a rule of procedure pertaining to OHA appearing

in another part of this title, the latter rule shall govern. Subpart C

contains the rules applicable to size and SIC code appeals. Subpart D

contains the rules for implementation of the Equal Access to Justice

Act, currently contained in part 132.

Proposed changes to parts 132 and 134 were published in the Federal

comment during a thirty-day comment period. SBA received no comments

concerning these parts during that time period. Accordingly, the

following final rule contains no changes, other than minor

clarifications, technical corrections, and deletions of unnecessary

language.

The proposed rule consolidated into part 134 rules of practice only

applicable to 8(a) program appeals. However, part 124 of chapter 13 is

not being amended at this time and, thus, certain of the provisions in

the proposed rule which solely related to the 8(a) program have been

deleted as unnecessary in light of the existing part 124. Specifically,

proposed Secs. 134.104, 134.203(a)(2), 134.213, 134.222 (a) and (b),

134.223 (c) and (d), 134.224, 134.226(b), and 134.227(a) have been

deleted, in whole or in part, so as to eliminate references to 8(a)

program appeals.

For a detailed description of the other changes made to this rule,

please refer to SBA's proposed rule, published at 60 FR 58282 (November

27, 1995).

Finally, parts 112, 113, 124, and 136 are amended so that the

citations, within those parts, to specific sections of part 134 will

correspond to the section numbers set forth in this rule.

Compliance With Executive Orders 12612, 12778, and 12866, the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and the Paperwork

Reduction Act (44 U.S.C. Ch. 35)

SBA certifies that this rule does not have a significant economic

impact on a substantial number of small entities within the meaning of

Executive Order 12866 or the Regulatory Flexibility Act, 5 U.S.C. 601

et seq. This rule would reorganize and simplify the rules governing

procedures before SBA's Office of Hearings and Appeals. Contracting

opportunities and financial assistance for small business are not

affected by this rule. Therefore, it is not likely to have an annual

economic effect of $100 million or more, result in a major increase in

costs or prices, or have a significant adverse effect on competition or

the United States economy.

For purposes of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, SBA

certifies that this rule contains no new reporting or recordkeeping

requirements.

For purposes of Executive Order 12612, SBA certifies that this rule

does not have any federalism implications warranting the preparation of

a Federalism Assessment.

For purposes of Executive Order 12778, SBA certifies that this rule

is drafted, to the extent practicable, in accordance with the standards

set forth in section 2 of that Order.

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List of Subjects

13 CFR Part 132

Claims, Equal Access to Justice, Lawyers.

13 CFR Part 134

Administrative practice and procedure, Organization and functions

(Government agencies).

For the above reasons, and under the authority of 15 U.S.C.

634(b)(6), SBA hereby amends 13 CFR Chapter I as follows:

1. Part 134 is revised to read as follows:

PART 134--RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF

HEARINGS AND APPEALS

Subpart A--General Rules

Sec.

134.101 Definitions.

134.102 Jurisdiction of OHA.

134.103 Rules applicable to time periods provided in this part.

Subpart B--Rules of Practice for Most Cases

134.201 Scope of the rules in this subpart B.

134.202 Commencement of cases.

134.203 The petition.

134.204 Service and filing requirements.

134.205 Motion for a more definite statement.

134.206 The answer.

134.207 Amendments and supplemental pleadings.

134.208 Representation in cases before OHA.

134.209 Requirement of signature.

134.210 Intervention.

134.211 Motions.

134.212 Summary decision.

134.213 Discovery.

134.214 Subpoenas.

134.215 Interlocutory appeals.

134.216 Alternative dispute resolution procedures.

134.217 Settlement.

134.218 Judges.

134.219 Sanctions.

134.220 Prohibition against ex parte communications.

134.221 Prehearing conferences.

134.222 Oral hearing.

134.223 Evidence.

134.224 Standards for decision.

134.225 The record.

134.226 The decision.

134.227 Finality of decisions.

134.228 Review of initial decisions.

134.229 Termination of jurisdiction.

Subpart C--Rules of Practice for Appeals From Size Determinations and

SIC Code Designations

134.301 Scope of the rules in this subpart C.

134.302 Who may appeal.

134.303 No absolute right to an appeal from a size determination.

134.304 Commencement of appeals from size determinations and SIC

code designations.

134.305 The appeal petition.

134.306 Transmission of the case file.

134.307 Service and filing requirements.

134.308 Limitation on new evidence and adverse inference from non-

submission in appeals from size determinations.

134.309 Response to an appeal petition.

134.310 Discovery.

134.311 Oral hearings.

134.312 Evidence.

134.313 Applicability of subpart B provisions.

134.314 Standard of review.

134.315 The record.

134.316 The decision.

134.317 Termination of jurisdiction.

134.318 Return of the case file.

Subpart D--Implementation of the Equal Access to Justice Act

134.401 What is the purpose of this subpart?

134.402 Under what circumstances may I apply for reimbursement?

134.403 What is an adversary adjudication?

134.404 What benefits may I claim?

134.405 Under what circumstances are fees and expenses

reimbursable?

134.406 Who is eligible for possible reimbursement?

134.407 How do I know which eligibility requirement applies to me?

134.408 What are the special rules for calculating net worth and

number of employees?

134.409 What is the difference between a fee and an expense?

134.410 Are there limitations on reimbursement for fees and

expenses?

134.411 What should I include in my application for an award?

134.412 What must a net worth exhibit contain?

134.413 What documentation do I need for fees and expenses?

134.414 What deadlines apply to my application for an award and

where do I send it?

134.415 How will proceedings relating to my application for fees

and expenses be conducted?

134.416 How will I know if I receive an award?

134.417 May I seek review of the ALJ's decision on my award?

134.418 How are awards paid?

Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), and 637(a).

Subpart A--General Rules

Sec. 134.101 Definitions.

As used in this part:

AA/OHA means the Assistant Administrator for OHA.

Act means the Small Business Act, 15 U.S.C. 631 et seq.

Address means the primary home or business address of a person or

entity, including the street location or postal box number, city or

town, state, and postal zip code.

Area Office means a Government Contracting Area Office or a

Disaster Area Office of the Small Business Administration.

Day means a calendar day, unless a Judge specifies otherwise.

Hearing means the presentation and consideration of argument and

evidence. A hearing need not include live testimony or argument.

Investment Act means the Small Business Investment Act of 1958, 15

U.S.C. 661 et seq.

Judge means an Administrative Law Judge or an Administrative Judge

of OHA, or the AA/OHA when he or she acts as an Administrative Judge.

OHA means the Office of Hearings and Appeals.

Party means the petitioner, respondent, or intervenor.

Person means an individual or any form of business entity.

Petition means a written complaint, a written appeal from an SBA

determination, or a written request for the initiation of proceedings

before OHA.

Pleading means a petition, an order to show cause commencing a

case, an appeal petition, an answer, or any amendment or supplement to

those documents.

Respondent means any person or governmental agency against which a

case has been brought before OHA.

SBA means the Small Business Administration.

SIC code means Standard Industrial Classification code.

Size determination means a formal size determination made by an

Area Office.

Sec. 134.102 Jurisdiction of OHA.

OHA has authority to conduct proceedings in the following cases:

(a) The revocation or suspension of Small Business Investment

Company licenses, cease and desist orders, and the removal or

suspension of directors and officers of licensees, under the Investment

Act and part 107 of this chapter;

(b) Alleged violations of those civil rights laws which are

effectuated by parts 112, 113, 117, and 136 of this chapter;

with SBA under the Act and part 103 of this chapter;

(d) The eligibility of, or preferred or certified status of, any

bank or non-bank lender to continue to participate in SBA loan programs

under the Act and part 120 of this chapter;

(e) The suspension or termination of surety bond program

participants under

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15 U.S.C. 694a et seq. and part 115 of this chapter;

(f) The rights, privileges, or obligations of development companies

under section 504 of the Investment Act and part 120, subpart H, of

this chapter;

(g) Allowance of fees and expenses under the Equal Access to

Justice Act, 5 U.S.C. 504;

(h) Debarment from appearance before the SBA because of post-

employment restrictions under 18 U.S.C. 207 and part 105 of this

chapter;

(i) Collection of debts owed to SBA and the United States under the

Debt Collection Act of 1982 and part 140 of this chapter;

(j) Appeals from the following SBA 8(a) program determinations

under the Act and part 124 of this chapter:

(1) Denial of program admission based solely on a negative finding

as to social disadvantage, economic disadvantage, ownership or control;

program termination; program graduation; or denial of a waiver of the

requirement to perform to completion an 8(a) contract; and

(2) Program suspension;

(k) Appeals from size determinations and SIC code designations

under part 121 of this chapter;

(l) The imposition of civil penalties and assessments against

persons who make false claims or statements to SBA under the Program

Fraud Civil Remedies Act, 31 U.S.C. 3801-3812 and part 142 of this

chapter; and

(m) Any other hearing, determination, or appeal proceeding referred

to OHA by the Administrator of SBA.

Sec. 134.103 Rules applicable to time periods provided in this part.

(a) The day from which the time period is computed is excluded, but

the last business day is counted, excluding Saturday, Sunday, or

Federal holiday.

(b) At the Judge's initiative, or upon the motion of a party

showing good cause, the Judge may modify any of the applicable time

limits, other than those established by statute and those governing

when a case may be commenced. Any motion to extend a time limit must be

filed and served before the expiration of that time limit.

Subpart B--Rules of Practice for Most Cases

Sec. 134.201 Scope of the rules in this subpart B.

The rules in this subpart generally apply to all proceedings over

which OHA has jurisdiction, except for appeals from size determinations

and SIC code designations. Specific procedural rules pertaining to 8(a)

program appeals and to proceedings under the Program Fraud Civil

Remedies Act are set forth, respectively, in parts 124 and 142 of this

chapter. In the case of a conflict between a particular rule in this

part, and a rule of procedure pertaining to OHA appearing in another

part of this chapter, the latter rule shall govern.

Sec. 134.202 Commencement of cases.

A case may be commenced by filing a written petition within the

following time periods:

(a) Except as provided by paragraphs (b) through (d) of this

section, no later than 45 days from the date of service of the SBA

action or determination to which the petition relates;

(b) In debt collection proceedings under part 140 of this chapter,

no later than 15 days after receipt of a notice of indebtedness and

intention to collect such debt by salary or administrative offset;

this part, no later than 30 days after the decision to which it applies

becomes final;

(d) For 8(a) program suspension proceedings, see Sec. 124.211 of

this chapter.

Sec. 134.203 The petition.

(a) A petition must contain the following:

(1) The basis of OHA's jurisdiction;

(2) A clear and concise statement of the factual basis of the case;

(3) The relief being sought; and

(4) The name, address, telephone number, and signature of the

petitioner or its attorney.

(b) A petition which does not contain all of the information

required by paragraph (a) of this section may be dismissed, with or

without prejudice, at the Judge's own initiative, or upon motion of the

respondent.

Sec. 134.204 Service and filing requirements.

(a) Service. Each party is responsible for the service of its

pleadings and other submissions upon all other parties or their

attorneys. Unless otherwise ordered by the Judge, service is made by

providing each party, or its attorney, with a copy of the pleading or

other submission by personal delivery, first- class mail, express mail,

facsimile transmission, or commercial delivery service. Service by mail

must be directed as follows:

(1) To a party's last-known residence or business address if it has

not yet appeared in the case, or to the address of a party which has

appeared as shown in its submission;

(2) If a party has appeared in the case through an attorney, to the

address of the attorney shown in the party's submission or in a notice

of appearance;

(3) If SBA is the party, unless an attorney has been specified in

SBA's submissions to OHA, by mailing to: Office of General Counsel,

Small Business Administration, 409 Third Street, S.W., Washington, D.C.

20416.

(b) Filing. (1) All pleadings and other submissions must be filed

with OHA by personal delivery, first-class mail, express mail,

facsimile transmission, or commercial delivery service. Filing may only

be accomplished at the following address: Office of Hearings and

Appeals, Small Business Administration, 409 Third Street, S.W.,

Washington, D.C. 20416.

(2) If filing is by personal delivery or commercial delivery

service, such filing must be accomplished between the hours of 8:30

a.m. and 5:00 p.m. If filing is by facsimile transmission, the

telephone number to be used may be obtained by calling OHA.

must be filed with OHA. In the case of a document offered as evidence,

an authenticated copy may be filed instead of the original.

(d) Certificate of service. A signed certificate stating how and

when service was made on all parties must be attached to each pleading

or other submission filed with OHA.

(e) Date. Unless otherwise specified by the Judge, the date of

service or filing is as follows:

(1) If by facsimile transmission, the date of transmission.

(2) If by first-class mail, the date of postmark. Where the

postmark is illegible or incomplete, there is a rebuttable presumption

that the postmark was dated five days prior to the date of receipt.

(3) If by personal delivery, express mail, or commercial delivery

service, the date of receipt.

(f) Confidential information. Any information in pleadings or other

submissions that is believed by the submitting party to constitute

proprietary or confidential information need not be served upon parties

so long as the deletions are clearly identified and generally described

in the documents which are served. Upon motion, the Judge may direct

that the withheld information be provided to other parties, subject to

any appropriate protective order.

Sec. 134.205 Motion for a more definite statement.

(a) Procedure. No later than 20 days after service of the petition

or order to show cause, the respondent may serve

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and file a motion requesting a more definite statement of particular

allegations in the petition.

(b) Stay. The serving and filing of a motion for a more definite

statement stays the time for serving and filing an answer. The Judge

will establish the time for serving and filing an answer.

Sec. 134.206 The answer.

(a) A respondent must serve and file an answer within 45 days after

the service of a petition or order to show cause, except that debt

collection proceeding answers are due within 30 days.

(b) The answer must contain the following:

(1) An admission or denial of each of the factual allegations

contained in the petition or order to show cause, or a statement that

the respondent denies knowledge or information sufficient to determine

the truth of a particular allegation;

(2) Any affirmative defenses; and

(3) The name, address, telephone number, and signature of the

respondent or its attorney.

not answered in accordance with paragraph (b)(1) of this section will

be deemed admitted unless injustice would occur.

(d) Upon an appeal from an SBA determination concerning the 8(a)

program, SBA must serve and file the administrative record pertaining

to that determination within the same time period applicable to the

service and filing of its answer. If SBA fails to do so, the Judge will

issue an order directing SBA to serve and file the administrative

record by a specified date.

(e) If the respondent fails to serve and file an answer within the

time period set forth in paragraph (a) of this section, or within any

extended time period granted by the Judge, that failure will constitute

a default. Following such a default, the respondent may be prohibited

from participating further in the case, except to serve and file the

administrative record in accordance with paragraph (d) of this section.

Sec. 134.207 Amendments and supplemental pleadings.

(a) Amendments. Upon motion, and under terms needed to avoid

prejudice to any non-moving party, the Judge may permit the service and

filing of amendments to pleadings. However, an amendment will not be

permitted if it would cause unreasonable delay in the determination of

the matter.

(b) Supplements. Upon motion, and under terms needed to avoid

prejudice to any non-moving party, the Judge may permit the service and

filing of a supplemental pleading setting forth relevant transactions

or occurrences that have taken place since the filing of the original

pleading.

and supplemental pleadings will be permitted by the Judge only upon a

showing of good cause.

(d) Answer. In an order permitting the serving and filing of an

amended or supplemented petition or order to show cause, the Judge will

establish the time for serving and filing an answer.

Sec. 134.208 Representation in cases before OHA.

(a) A party may represent itself, or be represented by a duly

licensed attorney. A member of a partnership may represent the

partnership, and an officer may represent a corporation, trust, or

association.

(b) An attorney for a party who did not appear on behalf of that

party in the party's first filing with OHA must serve and file a

written notice of appearance.

a motion for the withdrawal of his or her appearance.

Sec. 134.209 Requirement of signature.

Every written submission to OHA, other than evidence, must be

signed by the party filing that submission, or by the party's attorney.

By signing the submission, a party or its attorney attests that the

statements and allegations in that submission are true to the best of

its knowledge, and that the submission is not being filed for the

purpose of delay or harassment.

Sec. 134.210 Intervention.

(a) By SBA. SBA may intervene as of right at any time in any case

until final decision.

(b) By interested persons. Any individual, partnership,

association, corporation, trust, or governmental agency may move to

intervene at any time until final decision by serving and filing a

motion to intervene containing a statement of the movant's interest in

the case and the necessity for intervention to protect such interest.

The Judge may grant leave to intervene upon such terms as he or she

deems appropriate.

Sec. 134.211 Motions.

(a) Contents. All motions must state the relief being requested, as

well as the grounds and any authority for that relief.

(b) Response. No later than 20 days after the service of a motion,

all non-moving parties must serve and file a response or be deemed to

have consented to the relief sought. Unless the Judge directs

otherwise, the moving party will have no right to reply to a response,

nor will oral argument be heard on the motion.

order issued in response to a motion.

Sec. 134.212 Summary decision.

(a) Grounds. A party may move for summary decision at any time as

to all or any portion of the case, on the grounds that there is no

genuine issue as to any material fact, and that the moving party is

entitled to a decision in its favor as a matter of law.

(b) Contents of motion. The motion must include a statement of the

material facts believed not to be disputed, and relevant law.

Supporting affidavits may also be included.

decision, a party may cross-move for summary decision. The initial

moving party may serve and file a response to any cross-motion for

summary decision within 20 days after the service of that cross-motion.

(d) Stay. A motion for summary decision stays the time to answer.

The Judge will establish the time for serving and filing an answer in

the order determining the motion for summary decision.

Sec. 134.213 Discovery.

(a) Motion. A party may obtain discovery only upon motion, and for

good cause shown. For 8(a) program appeals other than those involving

suspensions, see Sec. 124.210 of this chapter.

(b) Forms. The forms of discovery which a Judge can order under

paragraph (a) of this section include requests for admissions, requests

for production of documents, interrogatories, and depositions.

terms of a protective order. Further, privileged information and

irrelevant issues or facts will not be subject to discovery.

(d) Disputes. If a dispute should arise between the parties over a

particular discovery request, the party seeking discovery may serve and

file a motion to compel discovery. Discovery may be opposed on the

grounds of harassment, needless embarrassment, irrelevance, undue

burden or expense, privilege, or confidentiality.

Sec. 134.214 Subpoenas.

(a) Availability. At the request of a party, or upon his or her own

initiative, a Judge may issue a subpoena requiring

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a witness to appear and testify, or to produce particular documents, at

a specified time and place.

(b) Requests. A request for the issuance of a subpoena must be

written, served upon all parties, and filed. The request must clearly

identify the witness and any documents to be subpoenaed, and must set

forth the relevance of the testimony or documents sought.

The individual making service shall prepare an affidavit stating the

date, time, and place of the service. The party which obtained the

subpoena must serve upon all other parties, and file with OHA, a copy

of the subpoena and affidavit of service within 2 days after service is

made.

(d) Motion to quash. A motion to limit or quash a subpoena must be

served and filed within 10 days after service of the subpoena, or by

the return date of the subpoena, whichever date comes first. Any

response to the motion must be served and filed within 10 days after

service of the motion, unless a shorter time is specified by the Judge.

No oral argument will be heard on the motion unless the Judge directs

otherwise.

Sec. 134.215 Interlocutory appeals.

(a) General. A motion for leave to take an interlocutory appeal

from a Judge's ruling will not be entertained in those proceedings in

which OHA issues final decisions. In all other cases, an interlocutory

appeal will be permitted only if, upon motion by a party, or upon the

Judge's own initiative, the Judge certifies that his or her ruling

raises a question which is immediately appealable. Interlocutory

appeals will be decided by the AA/OHA or a designee.

(b) Motion for certification. A party must serve and file a motion

for certification no later than 20 days after issuance of the ruling to

which the motion applies. A denial of the motion does not preclude

objections to the ruling in any subsequent request for review of an

initial decision.

interlocutory appeal only if he or she determines that:

(1) The ruling involves an important question of law or policy

about which there is substantial ground for a difference of opinion;

and

(2) An interlocutory appeal will materially expedite resolution of

the case, or denial of an interlocutory appeal would cause undue

hardship to a party.

(d) Stay of proceedings. A stay while an interlocutory appeal is

pending will be at the discretion of the Judge.

Sec. 134.216 Alternative dispute resolution procedures.

At any time during the pendency of a case, the parties may submit a

joint motion requesting that the Judge permit the use of alternative

dispute resolution procedures to assist in resolving the matter. If the

motion is granted, the Judge will also stay the proceedings before OHA,

in whole or in part, as he or she deems appropriate, pending the

outcome of the alternative dispute resolution procedures.

Sec. 134.217 Settlement.

At any time during the pendency of a case, the parties may submit a

settlement agreement, signed by all settling parties, to the Judge.

Settlement negotiations, and rejected settlement agreements, are not

admissible into evidence.

Sec. 134.218 Judges.

(a) Assignment. The AA/OHA will assign all cases subject to the

Administrative Procedure Act, 5 U.S.C. 551 et seq., to an

Administrative Law Judge. The AA/OHA will assign all other cases before

OHA to either an Administrative Law Judge or an Administrative Judge,

or, if the AA/OHA is a duly licensed attorney, to himself or herself.

(b) Authority. Except as otherwise limited by this part, or by

statute or other regulation, a Judge has the authority to take all

appropriate action to ensure the efficient, prompt, and fair

determination of a case, including, but not limited to, the authority

to administer oaths and affirmations and to subpoena and examine

witnesses.

initiative, a Judge will promptly recuse himself or herself from

further participation in a case whenever disqualification is

appropriate due to conflict of interest, bias, or some other

significant reason. A denial of a motion for recusal may be immediately

appealed to the AA/OHA, or to the Administrative Law Judge if the AA/

OHA is the Judge, but that appeal will not stay proceedings in the

case.

Sec. 134.219 Sanctions.

A Judge may impose appropriate sanctions, except for fees, costs,

or monetary penalties, which he or she deems necessary to serve the

ends of justice, if a party or its attorney:

(a) Fails to comply with an order of the Judge;

(b) Fails to comply with the rules set forth in this part;

(d) Submits false statements knowingly, recklessly, or with

deliberate disregard for the truth; or

(e) Otherwise acts in an unethical or disruptive manner.

Sec. 134.220 Prohibition against ex parte communications.

No person shall consult or communicate with a Judge concerning any

fact, question of law, or SBA policy relevant to the merits of a case

before that Judge except on prior notice to all parties, and with the

opportunity for all parties to participate. In the event of such

prohibited consultation or communication, the Judge will disclose the

occurrence in accordance with 5 U.S.C. 557(d)(1), and may impose such

sanctions as he or she deems appropriate.

Sec. 134.221 Prehearing conferences.

Prior to a hearing, the Judge, at his or her own initiative, or

upon the motion of any party, may direct the parties or their attorneys

to appear, by telephone or in person, in order to consider any matter

which may assist in the efficient, prompt, and fair determination of

the case. The conference may be recorded verbatim at the discretion of

the Judge, and, if so, a party may purchase a transcript, at its own

expense, from the recording service.

Sec. 134.222 Oral hearing.

(a) Availability. A party may obtain an oral hearing only if:

(1) It is required by regulation; or

(2) Following the motion of a party, or at his or her own

initiative, the Judge orders an oral hearing upon concluding that there

is a genuine dispute as to a material fact that cannot be resolved

except by the taking of testimony and the confrontation of witnesses;

(3) In 8(a) program appeals other than those involving suspensions,

the requirements of Sec. 124.210 of this chapter are met.

(b) Place and time. The place and time of oral hearings is within

the discretion of the Judge, who shall give due regard to the necessity

and convenience of the parties, their attorneys, and witnesses. The

Judge may direct that an oral hearing be conducted by telephone.

hearings are public.

(d) Payment of subpoenaed witnesses. A party which obtains a

witness' presence at an oral hearing by subpoena, must pay to that

witness the fees and mileage costs to which the witness would be

entitled in Federal Court.

(e) Recording. Oral hearings will be recorded verbatim. A

transcript of a

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recording may be purchased by a party, at its own expense, from the

recording service.

Sec. 134.223 Evidence.

(a) Federal Rules of Evidence. Unless contrary to a particular rule

in this part, or an order of the Judge, the Federal Rules of Evidence

will be used as a general guide in all cases before OHA.

(b) Hearsay. Hearsay evidence is admissible if it is deemed by the

Judge to be relevant and reliable.

Sec. 134.224 Standards for decision.

The decision of a Judge will be based upon a preponderance of the

evidence.

Sec. 134.225 The record.

(a) Contents. The record of a case before OHA will consist of all

pleadings, motions, and other non-evidentiary submissions, all admitted

evidence, all orders and decisions, and any transcripts of proceedings

in the case.

(b) Public access. Except for information subject to a protective

order, proprietary or confidential information withheld in accordance

with this part, or any other information which is excluded from

disclosure by law or regulation, the record will be available at OHA

for public inspection during normal business hours. Copies of the

documents available for public inspection may be obtained by the public

upon payment of any duplication charges.

decisional record of the case will be closed, and after which no

additional evidence or argument will be accepted.

Sec. 134.226 The decision.

(a) Contents. Following closure of the record, the Judge will issue

a decision containing findings of fact and conclusions of relevant law,

reasons for such findings and conclusions, and any relief ordered. The

contents of the record will constitute the exclusive basis for a

decision.

(b) Time limits. Decisions pertaining to the collection of debts

owed to SBA and the United States under the Debt Collection Act of 1982

and part 140 of this chapter must be rendered within 60 days after a

petition is filed.

(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.

Sec. 134.227 Finality of decisions.

(a) Final decisions. A decision on the merits shall be a final

decision, upon issuance, in proceedings concerning the collection of

debts owed to SBA and the United States, under the Debt Collection Act

of 1982 and part 140 of this chapter.

(b) Initial decisions. All decisions on the merits other than those

set forth in paragraph (a) of this section are initial decisions.

However, unless a request for review is filed pursuant to

Sec. 134.228(a), an initial decision shall become the final decision of

SBA 30 days after its issuance.

Sec. 134.228 Review of initial decisions.

(a) Request for review. Within 30 days after the service of an

initial decision, any party, or SBA's Office of General Counsel, may

serve and file with OHA a request for review. A request for review must

set forth the filing party's specific objections to the initial

decision, and any alleged support for those objections in the record,

or in case law, statute, regulation, or SBA policy. A party must serve

its request for review upon all other parties and upon SBA's Office of

General Counsel.

(b) Response. Within 20 days after the service of a request for

review, any party, or SBA's Office of General Counsel, may serve and

file with OHA a response. A party must serve its response upon all

other parties and upon SBA's Office of General Counsel.

days after the filing of a request for review, whichever is earlier,

OHA will transfer the record of the case to the Administrator. The

Administrator, or his or her designee, will then review the record.

(d) Standard of review. Upon review, the Administrator, or his or

her designee, will sustain the initial decision unless it is based on

an erroneous finding of fact or an erroneous interpretation or

application of case law, statute, regulation, or SBA policy.

(e) Order. The Administrator, or his or her designee, will:

(1) Affirm, reverse, or modify the initial decision, which

determination will become the final decision of the SBA upon issuance;

(2) Remand the initial decision to the Judge for appropriate

further proceedings.

Sec. 134.229 Termination of jurisdiction.

The jurisdiction of OHA will terminate upon the issuance of a

decision by a Judge resolving all material issues of fact and law

unless the case is subsequently remanded for appropriate further

proceedings, pursuant to Sec. 134.228(e)(2).

Subpart C--Rules of Practice for Appeals From Size Determinations

and SIC Code Designations

Sec. 134.301 Scope of the rules in this subpart C.

The rules of practice in this subpart C apply to all appeals to OHA

from:

(a) Formal size determinations made by an SBA Government

Contracting Area Office, under part 121 of this chapter, or by a

Disaster Area Office, in connection with applications for disaster

loans; and

(b) SIC code designations, pursuant to part 121 of this chapter.

Sec. 134.302 Who may appeal.

Appeals from size determinations and SIC code designations may be

filed with OHA by the following, as applicable:

(a) Any person adversely affected by a size determination;

(b) Any person adversely affected by a SIC code designation.

However, with respect to an 8(a) contract, only the Associate

Administrator for Minority Enterprise Development may appeal a SIC code

designation;

involved, through SBA's Office of General Counsel; or

(d) The procuring agency contracting officer responsible for the

procurement affected by a size determination.

Sec. 134.303 No absolute right to an appeal from a size determination.

It is within the discretion of the Judge whether to accept an

appeal from a size determination. If the Judge decides not to consider

such an appeal, he or she will issue an order denying review, and

specifying the reasons for the decision.

Sec. 134.304 Commencement of appeals from size determinations and SIC

code designations.

(a) Appeals from size determinations and SIC code designations must

be commenced by serving and filing an appeal petition as follows:

(1) If appeal is from a size determination in a pending procurement

or pending Government property sale, then the appeal petition must be

served and filed within 15 days after service of the size

determination;

(2) If appeal is from a size determination other than one in a

pending procurement or pending Government property sale, then the

appeal petition must be served and filed within 30 days after service

of the size determination;

(3) If appeal is from a SIC code designation, then the appeal

petition must be served and filed within 10 days after the issuance of

the initial

[[Page 2688]]

invitation for bids or initial request for proposals or quotations.

(b) An untimely appeal will be dismissed. However, an appeal which

is untimely under paragraph (a)(1) of this section, with respect to a

pending procurement or sale, may, if timely under paragraph (a)(2) of

this section, proceed with respect to future procurements or sales.

Sec. 134.305 The appeal petition.

(a) Form. There is no required format for an appeal petition.

However, it must include the following information:

(1) The Area Office which issued the size determination, or the

contracting office which designated the SIC code;

(2) The solicitation or contract number, and the name, address, and

telephone number of the contracting officer;

(3) A full and specific statement as to why the size determination

or SIC code designation is alleged to be in error, together with

argument supporting such allegations; and

(4) The name, address, telephone number, and signature of the

appellant or its attorney.

(b) Service of size determination appeals. The appellant must serve

the appeal petition upon each of the following:

(1) The SBA official who issued the size determination;

(2) The contracting officer responsible for the procurement

affected by a size determination;

(3) The business concern whose size status is at issue;

(4) All persons who filed protests; and

(5) SBA's Office of General Counsel.

contracting officer who made the SIC code designation.

(d) Certificate of service. The appellant must attach to the appeal

petition a signed certificate identifying each person or governmental

agency which was served with the notice of appeal, and how and when

each of those persons or governmental agencies was served.

(e) Dismissal. An appeal petition which does not contain all of the

information required in paragraph (a) of this section may be dismissed,

with or without prejudice, by the Judge at his or her own initiative,

or upon motion of a respondent.

Sec. 134.306 Transmission of the case file.

Upon receipt of an appeal petition pertaining to a size

determination, the Area Office which issued the size determination must

immediately send to OHA the entire case file relating to that

determination. Upon receipt of an appeal petition pertaining to a SIC

code designation, the contracting officer who designated the SIC code

must immediately send to OHA the solicitation relating to that

designation.

Sec. 134.307 Service and filing requirements.

The provisions of Sec. 134.204 apply to the service and filing of

all pleadings and other submissions permitted under this subpart.

Sec. 134.308 Limitation on new evidence and adverse inference from

non-submission in appeals from size determinations.

(a) Evidence not previously presented to the Area Office which

issued the size determination being appealed will not be considered by

a Judge unless:

(1) The Judge, on his or her own initiative, orders the submission

of such evidence; or

(2) A motion is served and filed establishing good cause for the

submission of such evidence.

(b) If the submission of evidence is ordered by a Judge, and the

party in possession of that evidence does not submit it, the Judge may

draw adverse inferences against that party.

Sec. 134.309 Response to an appeal petition.

(a) Who may respond. Any person served with an appeal petition, or

any other interested person, may serve and file a response supporting

or opposing the appeal. The response should present argument.

(b) Time limits. Unless otherwise specified by the Judge, a

respondent must serve and file a response within 10 days after service

of the appeal petition upon it.

appellant and upon each of the persons identified in the certificate of

service attached to the appeal petition pursuant to Sec. 134.305.

(d) Reply to a response. No reply to a response will be permitted

unless the Judge directs otherwise.

Sec. 134.310 Discovery.

Discovery will not be permitted in appeals from size determinations

or SIC code designations.

Sec. 134.311 Oral hearings.

Oral hearings will not be held in appeals from SIC code

designations, and will be held in appeals from size determinations only

upon a finding by the Judge of extraordinary circumstances. If such an

oral hearing is ordered, the proceeding shall be conducted in

accordance with those rules of subpart B of this part as the Judge

deems appropriate.

Sec. 134.312 Evidence.

To the extent the rules in this subpart permit the submission of

evidence, the provisions of Sec. 134.223 (a) and (b) apply.

Sec. 134.313 Applicability of subpart B provisions.

The following sections from subpart B of this part apply to an

appeal under this subpart C: Sec. 134.207(a) (pertaining to amendments

to pleadings); Sec. 134.208 (Representation in cases before OHA);

Sec. 134.209 (Requirement of signature); Sec. 134.210 (Intervention);

Sec. 134.211 (Motions); Sec. 134.214 (Subpoenas); Sec. 134.218

(Judges); Sec. 134.219 (Sanctions); and Sec. 134.220 (Prohibition

against ex parte communications).

Sec. 134.314 Standard of review.

The standard of review is whether the size determination or SIC

code designation was based on clear error of fact or law.

Sec. 134.315 The record.

Where relevant, the provisions of Sec. 134.225 (a), (b), and (c)

apply. In an appeal under this subpart, the contents of the record also

include the case file or solicitation submitted to OHA in accordance

with Sec. 134.306.

Sec. 134.316 The decision.

(a) Contents. Following closure of the record, the Judge will issue

a decision containing findings of fact and conclusions of law, reasons

for such findings and conclusions, and any relief ordered.

(b) Finality. The decision is the final decision of the SBA and

becomes effective upon issuance.

(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.

Sec. 134.317 Termination of jurisdiction.

The jurisdiction of OHA will terminate upon the issuance of a

decision.

Sec. 134.318 Return of the case file.

Upon termination of jurisdiction, OHA will return the case file to

the transmitting Area Office. The remainder of the record will be

retained by OHA.

Subpart D--Implementation of the Equal Access to Justice Act

Sec. 134.401 What is the purpose of this subpart?

The Equal Access to Justice Act, 5 U.S.C. 504, establishes

procedures by which prevailing parties in certain

[[Page 2689]]

administrative proceedings may apply for reimbursement of fees and

other expenses. Eligible parties may receive awards when they prevail

over SBA, unless SBA's position in the proceeding was ``substantially

justified'' or, as provided in Sec. 134.405(b), special circumstances

make an award unjust. The rules of this subpart explain which OHA

proceedings are covered, who may be eligible for an award of fees and

expenses, and how to apply for such an award.

Sec. 134.402 Under what circumstances may I apply for reimbursement?

You may apply for reimbursement under this subpart if you meet the

eligibility requirements in Sec. 134.406 and you prevail over SBA in a

final decision in:

(a) The type of administrative proceeding which qualifies as an

``adversary adjudication'' under Sec. 134.403; or

(b) An ancillary or subsidiary issue in that administrative

proceeding that is sufficiently significant and discrete to merit

treatment as a separate unit; or

``adversary adjudication'' under 5 U.S.C. 554.

Sec. 134.403 What is an adversary adjudication?

For purposes of this subpart, adversary adjudications are

administrative proceedings before OHA which involve SBA as a party and

which are required to be conducted by an Administrative Law Judge

(``ALJ''). These adjudications (``administrative proceedings'') include

those proceedings listed in Sec. 134.102 (a), (i), and (j)(1), but do

not include other OHA proceedings such as those listed in

Sec. 134.102(k). In order for an administrative proceeding to qualify,

SBA must have been represented by counsel or by another representative

who enters an appearance and participates in the proceeding.

Sec. 134.404 What benefits may I claim?

You may seek reimbursement for certain reasonable fees and expenses

incurred in prosecuting or defending a claim in an administrative

proceeding.

Sec. 134.405 Under what circumstances are fees and expenses

reimbursable?

(a) If you are a prevailing eligible party, you may receive an

award for reasonable fees and expenses unless the position of the

agency in the proceeding is found by the ALJ to be ``substantially

justified'', or special circumstances exist which make an award unjust.

The ``position of the agency'' includes not only the position taken by

SBA in the administrative proceeding, but also the position which it

took in the action which led to the administrative proceeding. No

presumption arises that SBA's position was not substantially justified

simply because it did not prevail in a proceeding. However, upon your

assertion that the position of SBA was not substantially justified, SBA

will be required to establish that its position was reasonable in fact

and law.

(b) The ALJ may reduce or deny an award for reimbursement if you

have unreasonably protracted the administrative proceeding or if other

special circumstances would make the award unjust.

an administrative proceeding was initiated are allowable only if you

can demonstrate that they were reasonably incurred in preparation for

the proceeding.

Sec. 134.406 Who is eligible for possible reimbursement?

(a) You are eligible for possible reimbursement if:

(1) You are an individual, owner of an unincorporated business,

partnership, corporation, association, organization, or unit of local

government; and

(2) You are a party, as defined in 5 U.S.C. 551(3); and

(3) You are the prevailing party; and

(4) You meet certain net worth and employee eligibility

requirements set forth in Sec. 134.407.

(b) You are not eligible for possible reimbursement if you

participated in the administrative proceeding only on behalf of persons

or entities that are ineligible.

Sec. 134.407 How do I know which eligibility requirement applies to

me?

Follow this chart to determine your eligibility. You should

calculate your net worth and the number of your employees as of the

date the administrative proceeding was initiated.

----------------------------------------------------------------------------------------------------------------

If your participation in the proceeding was: Eligibility requirements:

----------------------------------------------------------------------------------------------------------------

(1) As an individual rather than a business owner...... (1) Personal net worth may not exceed 2 million

dollars.

(2) As owner of an unincorporated business............. (2) Personal net worth may not exceed 7 million

dollars, and

No more than 500 employees.

(3) As a partnership, corporation, association, (3) Business net worth may not exceed 7 million

organization, or unit of local government. dollars, and

No more than 500 employees.

(4) As a charitable or other tax-exempt organization (4) No net worth limitations, and

described in 26 U.S.C. 501(c)(3) or a cooperative No more than 500 employees.

association as defined in 12 U.S.C. 1141j(a).

----------------------------------------------------------------------------------------------------------------

Sec. 134.408 What are the special rules for calculating net worth and

number of employees?

(a) Your net worth must include the value of any assets disposed of

for the purpose of meeting an eligibility standard, and must exclude

any obligation incurred for that purpose. Transfers of assets, or

obligations incurred, for less than reasonably equivalent value will be

presumed to have been made for the purpose of meeting an eligibility

standard.

(b) If you are an owner of an unincorporated business, or a

partnership, corporation, association, organization, or unit of local

government, your net worth must include the net worth of all of your

affiliates. ``Affiliates'' are:

(1) Corporations or other business entities which directly or

indirectly own or control a majority of the voting shares or other

ownership interests in the applicant concern; and

(2) Corporations or other business entities in which the applicant

concern directly or indirectly owns or controls a majority of the

voting shares or other ownership interests.

you at the time the administrative proceeding was initiated, whether or

not they were at work on that date. Part-time employees must be

included on a proportional basis. You must include the employees of all

your affiliates in your total number of employees.

Sec. 134.409 What is the difference between a fee and an expense?

A fee is a charge to you for the professional services of

attorneys, agents, or expert witnesses rendered in connection with your

case. An expense

[[Page 2690]]

is the cost to you of any study, analysis, engineering report, test,

project, or similar matter prepared in connection with your case.

Sec. 134.410 Are there limitations on reimbursement for fees and

expenses?

(a) Awards will be calculated on the basis of fees and expenses

actually incurred. If services were provided by one or more of your

employees, or were made available to you free, you may not seek an

award for those services. If services were provided at a reduced rate,

fees and expenses will be calculated at that reduced rate.

(b) In determining the reasonableness of the fees for attorneys,

agents or expert witnesses, the ALJ will consider at least the

following:

(1) That provider's customary fee for like services;

(2) The prevailing rate for similar services in the community in

which that provider ordinarily performs services;

(3) The time actually spent in representing you; and

(4) The time reasonably spent in light of the difficulty and

complexity of the issues.

$75 per hour, and an award for the fees of an expert witness may not

exceed $25 per hour, regardless of the rate charged.

(d) An award for the reasonable cost of any study, analysis,

engineering report, test, project or similar matter prepared on your

behalf may not exceed the prevailing rate payable for similar services,

and you may be reimbursed only if the study or other matter was

necessary to the preparation of your case.

Sec. 134.411 What should I include in my application for an award?

(a) Your application must be in the form of a written petition

which is served and filed in accordance with Sec. 134.204. It must

contain the following information:

(1) A statement that OHA has jurisdiction over the case pursuant to

Sec. 134.102(g);

(2) Identification of the administrative proceeding for which you

are seeking an award;

(3) A statement that you have prevailed, and a list of each issue

in which you claim the position of SBA was not substantially justified;

(4) Your status as an individual, owner of an unincorporated

business, partnership, corporation, association, organization, or unit

of local government;

(5) Your net worth and number of employees as of the date the

administrative proceeding was initiated, or a statement that one or

both of these eligibility requirements do not apply to you;

(6) The amount of fees and expenses you are seeking, along with the

invoice or billing statement from each service provider;

(7) A description of any affiliates (as that term is defined in

Sec. 134.408), or a statement that no affiliates exist;

(8) A statement that the application and any attached statements

and exhibits are true and complete to the best of your knowledge and

that you understand a false statement on these documents is a felony

punishable by fine and imprisonment under 18 U.S.C. 1001; and

(9) (i) Your name and address;

(ii) Your signature, or the signature of either a responsible

official or your attorney; and

(iii) The address and telephone number of the person who signs the

application.

(b) You should follow this chart to determine which further

documents must be included with your application:

----------------------------------------------------------------------------------------------------------------

Party Required documents

----------------------------------------------------------------------------------------------------------------

(1) Individual, owner of unincorporated business, (1) Net worth exhibit.

partnership, corporation, association, organization,

or unit of local government.

(2) Organization qualified as tax-exempt under 26 (2) Copy of a ruling by the Internal Revenue Service

U.S.C. 501(c)(3). that you qualify as a 501(c)(3) organization or

Statement that you were listed in the current edition

of IRS Bulletin 78 as of the date the administrative

proceeding was initiated.

(3) Tax-exempt religious organization not required to (3) Description of your organization and the basis for

obtain a ruling from the Internal Revenue Service on your belief you are exempt.

its exempt status.

(4) Cooperative association as defined in 12 U.S.C. (4) Copy of your charter or articles of incorporation,

1141j(a). and

Copy of your bylaws.

----------------------------------------------------------------------------------------------------------------

Sec. 134.412 What must a net worth exhibit contain?

(a) A net worth exhibit may be in any format, but it must contain:

(1) List of all assets and liabilities for you and each affiliate

in detail sufficient to show your eligibility;

(2) Aggregate net worth for you and all affiliates; and

(3) Description of any transfers of assets from, or obligations

incurred by, you or your affiliates within one year prior to the

initiation of the administrative proceeding which reduced your net

worth below the eligibility ceiling, or a statement that no such

transfers occurred.

(b) The net worth exhibit must be filed with your application, but

will not be part of the public record of the proceeding. Further, in

accordance with the provisions of Sec. 134.204(g), you need not serve

your net worth exhibit on other parties.

Sec. 134.413 What documentation do I need for fees and expenses?

You must submit a separate itemized statement or invoice for the

services of each provider for which you seek reimbursement. Each

separate statement or invoice must contain:

(a) The hours worked in connection with the proceeding by each

provider supplying a billable service;

(b) A description of the specific services performed by each

provider;

(d) The total charged by the provider on that statement or invoice;

and

(e) The provider's verification that the statement or invoice is

true to the best of his or her knowledge and that he or she understands

that a false statement is punishable by fine and imprisonment under 18

U.S.C. 1001.

Sec. 134.414 What deadlines apply to my application for an award and

where do I send it?

After you have prevailed in an administrative proceeding or in a

discrete issue therein, you must serve, and file with OHA, your written

application for an award, and its attachments, no later than 30 days

after the decision in the administrative proceeding becomes final under

Sec. 134.227. The deadline for filing an application for an award may

not be extended. If SBA or another party requests review of the

decision in the underlying administrative proceeding,

[[Page 2691]]

your request for an award for fees and expenses may still be filed, but

it will not be considered by the ALJ until a final decision is

rendered.

Sec. 134.415 How will proceedings relating to my application for fees

and expenses be conducted?

Proceedings will be conducted in accordance with the provisions in

subpart B of this part.

Sec. 134.416 How will I know if I receive an award?

The ALJ will issue an initial decision on the merits of your

request for an award which will become final in 30 days unless a

request for review is filed under Sec. 134.228. The decision will

include findings on your eligibility, on whether SBA's position was

substantially justified, and on the reasonableness of the amount you

requested. Where applicable, there will also be findings on whether you

have unduly protracted the proceedings or whether other circumstances

make an award unjust, and an explanation of the reason for the

difference, if any, between the amount requested and the amount

awarded. If you have sought an award against more than one federal

agency, the decision will allocate responsibility for payment among the

agencies with appropriate explanation.

Sec. 134.417 May I seek review of the ALJ's decision on my award?

You may request review of the ALJ's decision on your award by

filing a request for review in accordance with Sec. 134.228. You may

seek judicial review of a final decision as provided in 5 U.S.C.

504(c)(2).

Sec. 134.418 How are awards paid?

If you are seeking payment of an award, you must submit a copy of

the final decision, along with your certification that you are not

seeking judicial review of either the decision in the adversary

adjudication, or of the award, to the following address: Chief

Financial Officer, Office of Financial Operations, SBA, P.O. Box 205,

Denver, CO 80201-0205. SBA will pay you the amount awarded within 60

days of receipt of your request unless it is notified that you or

another party has sought judicial review of the underlying decision or

the award.

PART 132--[REMOVED]

2. Part 132 is hereby removed.

PARTS 112, 113, 124, and 136--[AMENDED]

3. In accordance with the list below, for each section indicated in

the left column, remove the reference indicated in the middle column

from wherever it appears in the section, and add in its place the

reference in the right column:

------------------------------------------------------------------------

Section Remove Add

------------------------------------------------------------------------

112.11(b)....................... 134.34............ 134.228

112.11(b)....................... 134.19............ 134.222

112.11(b)....................... 134.21............ 134.211

112.11(c)....................... 134.32(b)......... 134.227(b)

113.7(b)........................ 134.34............ 134.228

113.7(b)........................ 134.19............ 134.222

113.7(b)........................ 134.21............ 134.211

113.7(c)........................ 134.32(b)......... 134.227(b)

124.210(b)...................... 134.11(a)......... 134.203(a)

124.210(d)(2)................... 134.12............ 134.202

124.211(g)...................... 134.19............ 134.222

136.170(j)(2)................... 134.34(a)......... 134.228(a)

136.170(j)(2)................... 134.34(b)......... 134.228(a)

136.170(j)(2)................... 134.32(b)(3)...... 134.227(b)

------------------------------------------------------------------------

Philip Lader,

Administrator.

[FR Doc. 96-1158 Filed 1-26-96; 8:45 am]

BILLING CODE 8025-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.