134.709—When will a Judge dismiss an appeal?
(a)
The presiding Judge will dismiss the appeal if the appeal is untimely filed under § 134.703.
(b)
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.
Code of Federal Regulations
Effective Date Note:
At 75 FR 62292, Oct. 7, 2010, subpart G was revised, effective Feb 4, 2011. For the convenience of the user, the revised text is set forth as follows:
Subpart G—Rules of Practice for Appeals from Women-Owned Small Business Concern (WOSB) and Economically Disadvantaged WOSB Concern (EDWOSB) Protests
§ 134.709
When will a Judge dismiss an appeal?
(a)
The presiding Judge must dismiss the appeal if the appeal is untimely filed under § 134.703
.
(b)
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.