CFR > Title 13 - Business Credit and Assistance > CHAPTER I—SMALL BUSINESS ADMINISTRATION > PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS > SUBPART E—Rules of Practice for Appeals From Service-Disabled Veteran Owned Small Business Concern Protests (§134.501 to §134.515) > 134.509—When will a Judge dismiss an appeal?

134.509—When will a Judge dismiss an appeal?

(a) The Judge selected to preside over a protest appeal shall dismiss the appeal, if:
(1) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination;
(2) The appeal petition does not contain all of the information required in § 134.505 ;
(3) The appeal is untimely filed pursuant to § 134.503 or is not otherwise filed in accordance with the requirements of this subpart or the requirements in Subparts A and B of this part; or
(4) The matter has been decided or is the subject of an adjudication before a court of competent jurisdiction over such matters.
(b) Once Appellant files an appeal, subsequent initiation of litigation of the matter in a court of competent jurisdiction will not preclude the Judge from rendering a final decision on the matter.