13 CFR 134.1205 – Dismissal
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(a) The Judge must dismiss the appeal if:
Terms Used In 13 CFR 134.1205
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(1) The appeal is beyond OHA’s jurisdiction as set forth under § 134.1201;
(2) The appeal is untimely under § 134.1202;
(3) The appellant lacks standing to appeal under § 134.1203; or
(4) The appeal is premature because SBA has not yet made a final SBA loan review decision.
(b) The Judge may dismiss the appeal in accordance with § 134.1204(b) or (c)(3), or if the appeal does not, on its face, allege specific facts that if proven to be true, warrant reversal or remand of the final SBA loan review decision.