§ 134.101 Definitions.

As used in this part:

AA/OHA

means the Assistant Administrator for OHA, who is also the Chief Hearing Officer.

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.

Administrative Judge

means a Hearing Officer, as described at 15 U.S.C. 634(i), appointed by OHA to adjudicate cases.

Appeal petition

has the same meaning as petition.

Area Office

means a Government Contracting Area Office or a Disaster Area Office of the Small Business Administration.

Business day

means any day other than a Saturday, Sunday, or a Federal holiday.

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 the Administrative Judge or Administrative Law Judge who decides an appeal or petition brought before OHA, or the AA/OHA when he or she acts as an Administrative Judge.

NAICS code

means North American Industry Classification System code.

OHA

means the Office of Hearings and Appeals.

Party

means the petitioner, appellant, respondent, or intervenor, and the contracting officer in a NAICS code appeal.

Person

means an individual or any form of business entity.

Petition

(or

appeal petition

) means a written complaint, a written appeal from an SBA determination, or a written request for the initiation of proceedings before OHA.

Petitioner

means the person who initially files a petition before OHA.

Pleading

means a petition, an order to show cause commencing a case, an appeal petition, an answer, a response, 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

oceedings before OHA.

Petitioner

means the person who initially files a petition before OHA.

Pleading

means a petition, an order to show cause commencing a case, an appeal petition, an answer, a response, 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.

Size determination

means a formal size determination made by an Area Office and includes decisions by Government Contracting Area Directors that determine whether two or more concerns are affiliated for purposes of SBA's financial assistance programs, or other programs for which an appropriate SBA official requested an affiliation determination.

Size Standard Petition

means a petition for reconsideration of a revised, modified, or established size standard filed with OHA pursuant to 15 U.S.C. 632(a)(9) and subpart I of this part.

Step One

and

Step Two

refer to the steps of the Employee Dispute Resolution Process, see § 134.801(a) for more information.

[61 FR 2683, Jan. 29, 1996, as amended at 67 FR 47246, July 18, 2002; 69 FR 29208, May 21, 2004; 75 FR 47438, Aug. 6, 2010; 82 FR 25506, June 2, 2017]