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The Office of Hearings and Appeals (OHA), is an independent office of the Small Business Administration (SBA). The Small Business Administration established the Office of Hearings and Appeals in 1983 to provide an independent, quasi-judicial appeal of certain SBA program decisions.
OHA formally adjudicates disputes arising in numerous jurisdictional areas. These include appeals from SBA formal size determinations; appeals from Contracting Officer designations of North American Industry Classification System (NAICS) codes for procurements government-wide; appeals from certain SBA determinations relating to development companies; and appeals from Agency and Private Certifier small disadvantaged business determinations, all of which, by regulation, may be decided either by an Administrative Judge or an Administrative Law Judge. OHA's jurisdiction also include 8(a) BD program eligibility, suspension, and termination appeals; and salary offset appeals all of which, by statute, must be decided by an Administrative Law Judge.
The Freedom of Information/Privacy Acts (FOI/PA) Office is also a component of OHA. This office processes appeals from initial Freedom of Information Act (FOIA) and Privacy Acts (PA) determinations; and provides FOI/PA technical guidance to other SBA offices.
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