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13 CFR § 134.1305 - What are the requirements for an appeal petition?

---
identifier: "/us/cfr/t13/s134.1305"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "13 CFR § 134.1305 - What are the requirements for an appeal petition?"
title_number: 13
title_name: "Business Credit and Assistance"
section_number: "134.1305"
section_name: "What are the requirements for an appeal petition?"
chapter_name: "SMALL BUSINESS ADMINISTRATION"
part_number: "134"
part_name: "RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189."
regulatory_source: "61 FR 2683, Jan. 29, 1996, unless otherwise noted."
cfr_part: "134"
---

# 134.1305 What are the requirements for an appeal petition?

(a) *Format.* An appeal from a HUBZone status protest determination must be in writing. There is no required format for an appeal petition. However, it must include the following information:

(1) A copy of the protest determination;

(2) The date the appellant received the protest determination;

(3) A statement that the petitioner is appealing a HUBZone status protest determination issued by the D/HUB;

(4) A full and specific statement as to why the HUBZone status protest determination is alleged to be based on a clear error of fact or law, together with argument supporting such allegation;

(5) The solicitation number, the contract number (if applicable), and the name, address, and telephone number of the contracting officer; and

(6) The name, address, telephone number, facsimile number, and signature of the appellant or its attorney.

(b) *Service of appeal.* Concurrent with filing the appeal with OHA (*[email protected]*), the appellant must serve copies of the entire appeal petition upon each of the following:

(1) The D/HUB at *[email protected];*

(2) The contracting officer responsible for the procurement affected by a HUBZone determination;

(3) The protested concern (the business concern whose HUBZone status is at issue) or the protester; and

(4) SBA's Office of General Counsel, Associate General Counsel for Procurement Law at *[email protected].*

(c) *Certificate of service.* The appellant must attach to the appeal petition a signed certificate of service meeting the requirements of § 134.204(d).

(d) *Dismissal.* An appeal petition that does not meet all the requirements of this section may be dismissed by the Judge on the Judge's own initiative or upon motion of a respondent.