DUE PROCESS RIGHTS.

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 7(j)(10)(F); “(iii) a graduation pursuant to section 7(j)(10)(H); and “(iv) the denial of a request to issue a waiver pursuant to paragraph (21)(B). “(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. 102 STAT. 3879 “(F) Proceedings conducted pursuant to the authority of this paragraph shall be completed and a decision rendered, insofar as practicable, within ninety days after a petition for a hearing is filed with the adjudicating office.”.