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SBA Revises Rules of Procedure for Cases Before the OHA

The Small Business Administration has issued a direct final rule amending its rules of procedure for appeals before the SBA's Office of Hearings and Appeals under SBA Part 134. The rule codifies longstanding practices, adds transparency, and clarifies existing rules of procedure, particularly for OHA's many pro se litigants. In addition to numerous technical revisions, the rule codifies OHA's practices on access to appeal files and protective orders under newly added SBA 134.205, as well as its practice of citing its prior decisions as precedent under SBA 134.226. Also, the rule permits the filing and service of pleadings by e-mail (SBA 134.204); adds new SBA 134.203(d) to limit the maximum length of appeal petitions absent prior approval to exceed the maximum; and clarifies the time period for filing an appeal (SBA 134.202). The rule adds 2 new provisions promoting the general use of alternative dispute resolution procedures at SBA 134.216. Additionally, the rule adds SBA employee dispute resolution procedures at new Subpart H (SBA 134.801 through SBA 134.809). This rule is effective September 20, 2010, without further action, unless significant adverse comment is received. Comments, identified by RIN: 3245-AG09, are due September 7, 2010. A complete list of the sections affected by this rule appears in the regulation table below. For the text of the rule, see 70,425.404.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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