(a) Your application must be in the form of a written petition which is served and filed in accordance with Sec. 134.204. It must contain the following information:
(1) A statement that OHA has jurisdiction over the case pursuant to Sec. 134.102(g);
(2) Identification of the administrative proceeding for which you are seeking an award;
(3) A statement that you have prevailed, and a list of each issue in which you claim the position of SBA was not substantially justified;
(4) Your status as an individual, owner of an unincorporated business, partnership, corporation, association, organization, or unit of local government;
(5) Your net worth and number of employees as of the date the administrative proceeding was initiated, or a statement that one or both of these eligibility requirements do not apply to you;
(6) The amount of fees and expenses you are seeking, along with the invoice or billing statement from each service provider;
(7) A description of any affiliates (as that term is defined in Sec. 134.608), or a statement that no affiliates exist;
(8) A statement that the application and any attached statements and exhibits are true and complete to the best of your knowledge and that you understand a false statement on these documents is a felony punishable by fine and imprisonment under 18 U.S.C. 1001; and
(9)(i) Your name and address;
(i) Your name and address;
(ii) Your signature, or the signature of either a responsible official or your attorney; and
(iii) The address and telephone number of the person who signs the application.
(b) You should follow this chart to determine which further documents must be included with your application: ------------------------------------------------------------------------
(1) Individual, owner of unincorporated (1) Net worth exhibit.
business, partnership, corporation,
association, organization, or unit of
local government.(2) Organization qualified as tax-exempt (2) Copy of a ruling by the
under 26 U.S.C. 501(c)(3). Internal Revenue Service
that you qualify as a
501(c)(3) organization or
Statement that you were
listed in the current
edition of IRS Bulletin 78
as of the date the
administrative proceeding
was initiated.(3) Tax-exempt religious organization not (3) Description of your
required to obtain a ruling from the organization and the basis
Internal Revenue Service on its exempt for your belief you are
status. exempt.(4) Cooperative association as defined in (4) Copy of your charter or
12 U.S.C. 1141j(a). articles of incorporation,
and
Copy of your bylaws.------------------------------------------------------------------------ [61 FR 2683, Jan. 29, 1996. Redesignated at 63 FR 35766, June 30, 1998, and 70 FR 8927, Feb. 24, 2005, as amended at 75 FR 47443, Aug. 6, 2010]