regulatory sections by number, and cite particular OHA decisions by case name and 3- digit or 4-digit decision number.
The appeal petition must also include the following: (1) a statement as to why
OHA has jurisdiction; (2) a copy of the SBA determination being appealed or, in NAICS cases, identify the solicitation being appealed; (3) a clear and concise statement of the facts; (4) the relief sought; (5) name, address, phone and fax numbers, email address, and signature (or the same information for the attorney); and (6) a certificate of service. 13 C.F.R. § 134.203(a). The appeal petition, excluding attachments, may not exceed 20 pages.
2. What is a certificate of service? Appellees are responsible for sending a copy of the appeal petition and any
attachments to all the parties in the case (for a list of the parties that must be served, see the FAQs for each specific type of appeal). The certificate of service shows the judge that you have done so. 13 C.F.R. § 134.204(c), (d).
3. How do I file my appeal petition? At OHA by email, fax, mail, or delivery. OHA must RECEIVE the appeal
petition before 5pm on or before the date that the applicable time period for filing expires (for the time period that applies to the specific type of appeal, see the FAQs for that type of appeal). Any filing received after 5pm is considered filed as of the next business day. Applicants must ensure that the appeal petition arrives at OHA no later than 5pm on the day the time to file expires. Late appeals will be dismissed.
If filing by email, send the appeal petition to
ohafilings@sba.gov. Send any
communication as an attached document. If filing by fax, OHA’s fax number is (202) 205-7059. If filing by mail or delivery, send or drop off the appeal petition to the following address: Docketing Clerk, Office of Hearings and Appeals, Small Business Administration, 8th Floor, 409 Third Street SW, Washington DC 20416. 13 C.F.R. § 134.204.
Recent changes to the Office of Hearings and Appeals (OHA) procedure
regulations now allow emailing as an additional method of filing or service. When email filings are received by OHA, at
OHAFilings@sba.gov, the party should receive a notice of receipt. Some filings emailed to OHA have not been successfully transmitted due to the size or content of the email. In accordance with 13 C.F.R. § 134.204(a), “The sender is responsible for ensuring that e-mail software and file formats are compatible with the recipient and for a successful, virus-free transmission.” Applicants should call OHA, 202- 401-8200, to confirm receipt of a filing, especially in the case of an appeal petition which must be received by OHA before the filing deadline.
4. I have filed my appeal. Now what happens? 40
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