Sec. 401. Establishment of an Office of Hearings and Appeals in the Small Business Administration
569 words·~3 min read·
/bill/114/hr/1481/ih/section-401A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5 of the Small Business Act ( 15 U.S.C. 634 ) is amended by adding at the end the following new subsection: There is established in the Administration an Office of Hearings and Appeals— to impartially decide matters relating to program decisions of the Administrator— for which Congress requires a hearing on the record; or that the Administrator designates for hearing by regulation; and which shall contain the office of the Administration that handles requests submitted pursuant to sections 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) and maintains records pursuant to section 552a of title 5, United States Code (commonly referred to as the Privacy Act of 1974 ).
The Office of Hearings and Appeals shall only hear appeals of matters as described in the this Act, the Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq. ), and title 13 of the Code of Federal Regulations. The head of the Office of Hearings and Appeals shall be the Chief Hearing Officer appointed under section 4(b)(1), who shall be responsible to the Administrator. The Chief Hearing Officer shall— be a career appointee in the Senior Executive Service and an attorney licensed by a State, commonwealth, territory or possession of the United States, or the District of Columbia; and be responsible for the operation and management of the Office of Hearings and Appeals.
The Chief Hearing Officer may assign a matter for mediation or other means of alternative dispute resolution. The Office of Hearings and Appeals shall appoint Hearing Officers to carry out the duties described in paragraph (1)(A)(i). A Hearing Officer appointed under this paragraph— shall serve in the excepted service as an employee of the Administration under section 2103 of title 5, United States Code, and under the supervision of the Chief Hearing Officer; shall be classified at a position to which section 5376 of title 5, United States Code, applies; and shall be compensated at a rate not exceeding the maximum rate payable under such section.
Notwithstanding section 556(b) of title 5, United States Code, a Hearing Officer— shall have the authority to hear claims arising under section 554 of such title; shall have the powers described in section 556(c) of such title; and shall conduct hearings and issue decisions in the manner described under sections 555, 556, and 557 of such title, as applicable. An individual serving as a Judge in the Office of Hearings and Appeals (as that position and office are designated in section 134.101 of title 13, Code of Federal Regulations) on the effective date of this subsection shall be considered as qualified to be and redesignated as a Hearing Officer.
In this subsection, the term Hearing Officer means an individual appointed or redesignated under this subsection who is an attorney licensed by a State, commonwealth, territory or possession of the United States, or the District of Columbia. . Section 4(b)(1) of such Act ( 15 U.S.C. 633(b) ) is amended by adding at the end the following: One such Associate Administrator shall be the Chief Hearing Officer, who shall administer the Office of Hearings and Appeals established under section 5(i). .
Section 134.102(t) of title 13, Code of Federal Regulations, as in effect on January 1, 2015 (relating to types of hearings within the jurisdiction of the Office of Hearings and Appeals) shall have no force or effect.
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Sec. 401
Establishment of an Office of Hearings and Appeals in the Small Business Administration
Cites 3Cited by 0 across 0 sources