Page:United States Statutes at Large Volume 102 Part 4.djvu/908

 102 STAT. 3878

PUBLIC LAW 100-656—NOV. 15, 1988

gender of the disadvantaged owners, the dollar value of all contracts received in the preceding year, the dollar amount of advance payments received by each concern pursuant to contracts awarded under section 8(a), and a description including (if appropriate) an estimate of the dollar value of all benefits received pursuant to paragraphs (13) and (14) and section 7(a)(20) during such year. "(v) The total dollar value of contracts and options awarded during the preceding fiscal year pursuant to section 8(a) and such amount expressed as a percentage of total sales of (I) all firms participating in the Program during such year; and (II) of firms in each of the nine years of program participation. "(vi) A description of such additional resources or program authorities as may be required to provide the types of services needed over the next two-year period to service the expected portfolio of firms certified pursuant to section 8(a). "(vii) The total dollar v ^ u e of contracts and options awarded pursuant to section 8(a), at such dollar increments as the Administrator deems appropriate, for each four digit standard industrial classification code under which such contracts and options were classified. "(C) The first report required by subparagraph (B) shall pertain to fiscal year 1990.". SEC. 409. DUE PROCESS RIGHTS.

Paragraph (9) of section 8(a) of the Small Business Act (15 U.S.C. 637(a)(9)) is amended to read as follows: "(9)(A) Subject to the provisions of subparagraph (E), the Administrator, prior to taking any action described in subparagraph (B), shall provide the small business concern that is the subject of such action, an opportunity for a hearing on the record, in accordance with chapter 5 of title 5, United States Code. "(B) The actions referred to in subparagraph (A) are— "(i) denial of program admission based upon a negative determination pursuant to paragraph (4), (5), or (6); "(ii) a termination pursuant to section 70'X10XF); "(iii) a graduation pursuant to section 7(j)(10XH); and "(iv) the denial of a request to issue a waiver pursuant to paragraph (21XB). "(C) The Administrator's proposed action, in any proceeding conducted under the authority of this paragraph, shall be sustained unless it is found to be arbitrary, capricious, or contrary to law. "(D) A decision rendered pursuant to this paragraph shall be the final decision of the Administration and shall be binding upon the Administration and those within its employ. "(E) The adjudicator selected to preside over a proceeding conducted under the authority of this paragraph shall decline to accept jurisdiction over any matter that— "(i) does not, on its face, allege facts that, if proven to be true, would warrant reversal or modification of the Administration's position; "(ii) is untimely filed; "(iii) is not filed in accordance with the rules of procedure governing such proceedings; or "(iv) has been decided by or is the subject of an adjudication before a court of competent jurisdiction over such matters.

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