You may apply for reimbursement under this subpart if you meet the eligibility requirements in § 134.606 and you prevail over SBA in a final decision in:
The type of administrative proceeding which qualifies as an “adversary adjudication” under § 134.603; or
An ancillary or subsidiary issue in that administrative proceeding that is sufficiently significant and discrete to merit treatment as a separate unit; or
A matter which the agency orders to be determined as an “adversary adjudication” under 5 U.S.C. 554.
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