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IN THE MATTER OF: %AD8(A) APPLICANT%BD, PETITIONER

SBA No. BDPE-492, 20172017 WL 5513724November 7, 2017

SBA No. BDPE-492, 2017 (S.B.A.), 2017 WL 5513724
Small Business Administration (S.B.A.)
Office of Hearings and Appeals
[Bussiness Development Plan]
*1 IN THE MATTER OF: [8(A) APPLICANT], PETITIONER
*1 Decision Number: BDPE-492
*1 November 7, 2017
 
ORDER VACATING DECISION
 
*1 This matter originally arose from an appeal of a determination of the U.S. Small Business Administration (SBA) denying the 8(a) Applicant (“Petitioner”) entry into the agency's 8(a) Business Development (BD) program.
*1 On May 29, 2013, an Administrative Law Judge issued a Final Decision and Order denying Petitioner's appeal. The Final Decision and Order was published online, including on SBA's webpage and in the legal database Westlaw.com.
*1 On October 16, 2017, Petitioner filed a Motion for Redactions. In this motion, Petitioner states that the Final Decision and Order contains extensive confidential and sensitive information regarding the owner of Petitioner's business. Petitioner asserts that the publication of this information negatively skews customers' and competitors' perception of its owner, causing significant competitive harm to its business. Petitioner therefore requests that the decision be redacted, and submits an amended copy of the Final Decision and Order containing proposed redactions.
*1 Upon receiving Petitioner's Motion for Redactions, SBA transferred it to this Court for consideration.1
*1 Because the currently published unredacted version of the May 29, 2013, Final Decision and Order contains sensitive personal information about the owner of Petitioner's business that is causing Petitioner competitive harm, the Court hereby VACATES that version of the Final Decision and Order and ORDERS that SBA remove it from any publicly available internet locations. This Court will reissue the decision nunc pro tunc after making the appropriate redactions.
*1 SO ORDERED,
*1 J. Jeremiah Mahoney
*1 United States Administrative Law Judge

Footnotes

Pursuant to an Interagency Agreement in effect beginning October 1, 2012, Administrative Law Judges of the U.S. Department of Housing and Urban Development are authorized to hear cases brought before the SBA Office of Hearings and Appeals.
SBA No. BDPE-492, 2017 (S.B.A.), 2017 WL 5513724
End of Document