13 CFR 134.1309
§ 134.1309 When will a Judge dismiss an appeal?
United States · 13 CFR — Business Credit and Assistance · Status: effective
Cite this
- Citation
- 13 CFR 134.1309, § 134.1309 When will a Judge dismiss an appeal?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/52993
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Full text
The presiding Judge must dismiss the appeal if:
(a) The appeal is untimely filed under § 134.1303;
(b) The appeal does not, on its face, allege facts that if proven to be true, warrant reversal or modification of the determination; or
(c) The matter has been decided or is the subject of adjudication before a court of competent jurisdiction over such matters; however, once an appeal has been filed, 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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.