(a) The Judge will decide the appeal within 45 calendar days (if practicable) from close of record. The decision will affirm, modify, remand, or reverse the Step One or Step Two decision.

Terms Used In 13 CFR 134.808

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

(b) The standard of review and burden of proof will be determined by the specific issue presented.

(c) OHA’s decision is an initial decision which becomes the final decision of the SBA 30 calendar days after issuance, unless a party files a request for review pursuant to § 134.809.

(d) OHA’s decision is not precedential and it will not be published.

[75 FR 47443, Aug. 6, 2010, as amended at 82 FR 25507, June 2, 2017]