Title 13

SECTION 134.1209

134.1209 Evidence beyond the record, discovery and oral hearings.

§ 134.1209 Evidence beyond the record, discovery and oral hearings.

(a) General Rule. Generally, the Judge may not admit evidence beyond the written administrative record or permit any form of discovery.

(b) Discovery. Discovery will be permitted only if the Judge determines that SBA, upon written submission, has made a showing of good cause for discovery.

(c) Oral hearings. Oral hearings will not be held on an appeal of an SBA loan review decision, unless, following the motion of a party, or at the Judge's own initiative, the Judge orders an oral hearing upon concluding that there is a genuine dispute of material fact that cannot be resolved except by the taking of testimony and the confrontation of witnesses. If an oral hearing is ordered, the proceeding shall be conducted in accordance with §§ 134.214 and 134.222 in subpart B of this part as the Judge deems appropriate.

(d) The record. All appeals under this subpart L will be decided solely on a review of the written administrative record, the appeal petition, and response(s) filed thereto, any admitted evidence, and an oral hearing, if held.

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