Generally, there are at least seven (7) legal sources to consider reviewing in connection with trying to settle SBA debt, resolve SBA loan default or defend against a DOT collection matter. The seven (7) sources that we believe are essential for research into these important issues are:
- The organic legislation establishing the federal agency;
- The applicable portions of the Federal Administrative Procedural Act (APA);
- Other legislation that may be applicable to the federal agency;
- The rules enacted by the federal agency (which may be interpretive and substantive);
- Federal and/or State constitutional requirements;
- Adjudication decisions resolving disputes of the federal agency; and
- Court decisions interpreting or evaluating any of the aforementioned sources.
When locating certain research sources to settle SBA debt case or defend against a DOT collection matter, we often break our initial research into two (2) parts:
Legal Research Sources Internal to the SBA:
- The agency legislation - The Small Business Administration (SBA) was created by the Small Business Act of 1953 and derives its present existence and authority from the Small Business Act (15 U.S.C. 631 et seq.) and the Small Business Investment Act of 1958 (15 U.S.C. 661 ).
- Agency Rules – The Code of Federal Regulations (CFRs) are rules actually promulgated by several federal administrative agencies. For the SBA, the important CFRs that should be initially reviewed are as follows: 13 CFR 101-147 (CFRs applicable to SBA). The other rules that qualified counsel should review are the internal rules enacted or adopted by the federal agency. In this instance, the SBA Standard Operating Procedures are very important internal rules that need to be reviewed in connection with any SBA decisions or actions relating to your SBA loan default, SBA OIC or your DOT collection case. These SOPs can be found here: (SBA SOPs).
- Agency adjudications – Many SBA agency decisions or “adjudications” are reviewed by the SBA Office of Hearings and Appeals (SBA OHAs). To begin any preliminary research, qualified counsel should consider reviewing applicable decisions that may cover a particular SBA issue. SBA OHA decisions can be researched here: (SBA OHA Decisions Research)
Legal Research Sources External to the SBA:
- APA – federal or state. For SBA matters, it is important to take a look at the Federal Administrative Procedural Act. The State APA probably would not apply to federal SBA matters. As such, it’s best to begin your preliminary research here: (Federal APA)
- Other legislation which may be applicable to the Federal Agency – for SBA debt-related cases, it is important for qualified counsel to be familiar, at a bare minimum, with the following administrative legal resources: (22 CFR Part 512), (31 CFR Part 285), (31 CFR Part 200-413), (13 CFR Part 102), (5 U.S.C. Section 552), and (5 U.S.C. Section 552(a))
- Constitutions – Federal, State or both
- Court decisions – Federal sources
Hence, there are several branches of legal resources and authorities which need to be researched and reviewed when dealing with any SBA loan default, SBA OIC or DOT debt collection matter. To say that it is okay to simply ignore these important resources, then any SBA or DOT debtor told to do so, has been advised by the non-attorney salesperson who simply does not know what “he” is talking about, and in all reality . . . is providing not only irresponsible advice, but also negligent counsel. Typical . . . I guess for a “non-attorney” who neither has a doctorate, passed a bar exam (or multiple bar examinations), practiced law for several years (but is trying to do so in an arguably unauthorized and illegal fashion) nor worked with such important federal agency issues. Generally, when you don’t possess something . . . human nature tells you to criticize what you don’t possess. It’s nothing more than a “defense mechanism” in order to deal with a severe inferiority complex.
You should not have to struggle to settle SBA debt on your own. Instead, turn to one of our attorneys who specializes in SBA OIC & DOT debt claims. We are dedicated to helping you settle SBA loan default and/or federal nontax debt with the DOT.
If you are struggling with circumstances that involve SBA loan default and/or a DOT referral, you deserve professional help! Our attorneys all know how to win SBA OIC and DOT compromise cases. If you contact us, we can help you settle SBA debt once and for all. After you schedule an appointment, you confer with a devoted SBA OIC lawyer and/or United States Treasury Dept. Practitioner who will help you through your administrative legal battle. After your claim is resolved, you will never again have to worry about your SBA loan default problem and/or DOT collection claim haunting you. Our team of lawyers has assisted many clients through the years. Now it is your turn! You truly can resolve SBA debt and/or DOT matter for good!