[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR134.204]

[Page 333]
 
                               ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 134--RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS--Table of Contents
 
               Subpart B--Rules of Practice for Most Cases
 
Sec. 134.204  Service and filing requirements.

    (a) Service. Each party is responsible for the service of its 
pleadings and other submissions upon all other parties or their 
attorneys. Unless otherwise ordered by the Judge, service is made by 
providing each party, or its attorney, with a copy of the pleading or 
other submission by personal delivery, first- class mail, express mail, 
facsimile transmission, or commercial delivery service. Service by mail 
must be directed as follows:
    (1) To a party's last-known residence or business address if it has 
not yet appeared in the case, or to the address of a party which has 
appeared as shown in its submission;
    (2) If a party has appeared in the case through an attorney, to the 
address of the attorney shown in the party's submission or in a notice 
of appearance;
    (3) If SBA is the party, unless an attorney has been specified in 
SBA's submissions to OHA, by mailing to: Office of General Counsel, 
Small Business Administration, 409 Third Street, SW., Washington, DC 
20416.
    (b) Filing. (1) All pleadings and other submissions must be filed 
with OHA by personal delivery, first-class mail, express mail, facsimile 
transmission, or commercial delivery service. Filing may only be 
accomplished at the following address: Office of Hearings and Appeals, 
Small Business Administration, 409 Third Street, SW., Washington, DC 
20416.
    (2) If filing is by personal delivery or commercial delivery 
service, such filing must be accomplished between the hours of 8:30 a.m. 
and 5:00 p.m. If filing is by facsimile transmission, the telephone 
number to be used may be obtained by calling OHA.
    (c) Copies. Only the original of a pleading or other submission must 
be filed with OHA. In the case of a document offered as evidence, an 
authenticated copy may be filed instead of the original.
    (d) Certificate of service. A signed certificate stating how and 
when service was made on all parties must be attached to each pleading 
or other submission filed with OHA.
    (e) Date. Unless otherwise specified by the Judge, the date of 
service or filing is as follows:
    (1) If by facsimile transmission, the date of transmission.
    (2) If by first-class mail, the date of postmark. Where the postmark 
is illegible or incomplete, there is a rebuttable presumption that the 
postmark was dated five days prior to the date of receipt.
    (3) If by personal delivery, express mail, or commercial delivery 
service, the date of receipt.
    (f) Confidential information. Any information in pleadings or other 
submissions that is believed by the submitting party to constitute 
proprietary or confidential information need not be served upon parties 
so long as the deletions are clearly identified and generally described 
in the documents which are served. Upon motion, the Judge may direct 
that the withheld information be provided to other parties, subject to 
any appropriate protective order.