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SCHEDULE A-EMPLOYMENT SIZE Standards PursuanT TO § 108.4 (a) (3)—Continued

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SCHEDULE A-EMPLOYMENT SIZE STAndards PURSUANT TO § 103.4 (a) (3)—Continued

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SCHEDULE A-EMPLOYMEnt Size Standards PursuANT TO § 103.4 (a) (3)—Continued

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104.11 104.12

Answer and request to be heard. Request for additional information.

Immaterial mistakes.

Intermediate proceedings.

AUTHORITY: §§ 104.1 to 104.12 issued under R. S. 161, sec. 205, 67 Stat. 243, as amended; 5 U. S. C. 22, 15 U. S. 634.

SOURCE: 104.1 to 104.12 appear at 21 F. R. 6086, Aug. 15, 1956.

§ 104.1 Rules of procedure. The Small Business Administrator (referred to in this part as "Administrator") may, in accordance with § 102.3 (d) of this chapter suspend or revoke the right of any agent (called "Respondent" in this part) to appear before the Small Business Administration of the United States (called "Administration" in this part). Proceedings for such purpose shall be governed by the rules in this part.

§ 104.2 Service-(a) Service of Notice. Notice of suspension or revocation

of the right of Respondent to appear before the Administration, signed by the Administrator, shall be served upon the Respondent in the following manner:

(1) By delivering it to the Respondent personally, or

(2) By registered mail, return receipt requested: Provided, That, if an agent shall have signed and filed with the Administrator his written consent to be served in some other manner it shall be sufficient if service is made in that manner. Where the service is by registered mail, the return receipt duly signed shall be satisfactory evidence of the date of service.

(b) Service of papers other than Notice. Papers other than the Notice shall be served on the Respondent as follows:

(1) By delivering them to the Respondent personally; or

(2) By leaving them at his office with his clerk or with a person in charge thereof; or

(3) By depositing them in a United States post office or post office box, enclosed in a sealed envelope, plainly addressed to such Respondent at the address under which he is enrolled or at the last address known to the Administration.

(4) When the Respondent is represented by attorney, by service upon the attorney in the same manner as provided in subparagraphs (1), (2) and (3) of this paragraph for service on the Respondent.

(c) Service of papers upon the Administrator. Papers shall be served upon the Administrator as follows:

(1) By delivering them to the General Counsel of the Administration, or

(2) By depositing them in a United States post office or post office box, enclosed in a sealed envelope, plainly addressed to the General Counsel of the Small Business Administration, Washington 25, D. C.

§ 104.3 Notice. The Notice shall set forth, specifically and in detail, the charges upon which the Administrator bases the suspension or revocation of the right of Respondent to appear before the Administration. The Notice shall also specify the date upon which the suspension or revocation shall become effective. Said effective date shall be

not earlier than 20 days from the date of service of the Notice on Respondent.

§ 104.4 Extension of time. The Administrator may, in his discretion and upon appropriate application and showing by the Respondent, extend the effective date of the suspension or revocation.

§ 104.5 Answer and request to be heard. At any time prior to the effective date of the suspension or revocation, the Respondent may file a written Answer with this Administration, or request an opportunity to be heard in answer to the charges, or both. The Answer of the Respondent must be considered by the Administrator. If the Respondent files a written Answer or requests such a Hearing, the effective date of the suspension or revocation shall be stayed until the Administrator decides the issues as hereinafter provided.

§ 104.6 Request for additional information. If Respondent desires additional information as to the charges, he may present a request in writing to the Administrator asking that the Notice be made more specific and setting forth in detail the additional information requested. If the requested information is relevant and material to the charges, the Administrator shall furnish the Respondent with such information.

§ 104.7 Hearing. The Hearing shall be informal. It shall be held before the Administrator or an employee of the Administration duly authorized by the Administrator to hear the matter and shall be upon the charges and Respondent's answer thereto. Respondent may, in addition to filing a written Answer, furnish affidavits or produce witnesses at the Hearing in support of his Answer. Subject to this part, the Administrator, or the employee duly authorized to hear the matter, may determine the time, place and manner in which Respondent shall be heard, the form in which evidence shall be received, and may adopt rules of procedure and modify same from time to time as the occasion requires for the orderly disposition of the charges. Written notice of the time and place of all Hearings shall be given the Respondent in the manner provided in this part for the service of papers. No Hearing shall be held without reasonable notice thereof to the Respondent. The Administrator or the duly authorized employee may

postpone or adjourn Hearings when necessary or desirable, on notice to the parties.

§ 104.8

Decision. The Administrator shall make the decision in the matter based on the entire record in the case. The decision shall be in writing and served upon the Respondent. If the Administrator determines that suspension or revocation is warranted, the decision shall set forth the reasons for the action taken and its effective date. If the Hearing is held before a duly authorized employee of the Administration, the decision of the Administrator will be based on the entire record in the case, including any findings and conclusions recommended to the Administrator by the Administration employee hearing the matter.

§ 104.9 Effect of decision. The decision of the Administrator shall, without further proceedings, become the final decision of the Agency.

§ 104.10 Reopening. Any agent who has been suspended or whose right to appear has been revoked may make written Application in duplicate to the Administrator to have the order of suspension or revocation vacated or modified upon the grounds of newly discovered information, or that important information is now available which the applicant was unable to produce at the original Hearing. Such Application must set forth specifically the precise character of the information relied upon in its support, and shall state the reasons why the applicant was unable to produce such information when the original charges were heard. The Administrator, after due consideration of the Application, may in his sole discretion, grant or deny the Application, or fix a time and place for a further Hearing of the Application and give due notice thereof to applicant. In the event the Administrator shall issue an order vacating or modifying the prior order to suspend or revoke the right of an agent to appear before the Administration, notice thereof shall be given by the Administration to all those to whom notice of the original order to suspend or revoke the right to appear before the Administration was sent.

§ 104.11 Immaterial mistakes. The Administrator shall disregard an imma

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