JTI Systems, Inc., No. MSB-474 (June 23, 1994) Docket No. MSBE-94-2-16-6 UNITED STATES OF AMERICA SMALL BUSINESS ADMINISTRATION OFFICE OF HEARINGS AND APPEALS WASHINGTON, D.C. IN THE MATTER OF: ) ) Docket No. MSBE-94-2-16-6 JTI Systems, Inc. ) APPEARANCES For the Appellant: For the Agency: Mr. Richard Rios John T. Spotila, Esq. President General Counsel JTI Systems, Inc. Christopher Holleman, Esq. 1009 Bradbury Drive, SE Agency Representative Albuquerque, NM 87106 Small Business Administration 409 Third Street, SW Washington, DC 20416 ORDER GRANTING MOTION TO DISMISS June 23, 1994 On February 16, 1994, the Petitioner appealed the Associate Administrator's determination of January 17, 1994, declining to admit the Petitioner to the Agency's Section 8(a) Program. I carefully considered the Associate Administrator's reconsidered determination, the administrative record upon which it was based, and the appeal Petition and remanded the matter to the Associate Administrator on April 25, 1994 with instructions that the Agency further consider the Petitioner's eligibility and make a determi nation not inconsistent with my decision and order, allowing 30 days for the submission by the Petitioner of additional evidence. Subsequently, the Parties apparently initiated negotiations toward a settlement of their differences, and, on June 22, 1994, they submitted a Joint Notion to Dismiss the Appeal. According to the motion, the Acting Associate Administrator has reexamined the Petitioner's application and reversed the previous determination with the result that JTI Systems, Inc. has been approved for 8(a) Program participation and will be admitted to the Program. The settlement agreement executed by the Parties, as evidenced by their Joint Motion to Dismiss, is approved and is hereby made a part of this Order. The Acting Associate Administrator shall issue a certificate of eligibility to the Petitioner within 30 days from the date of this Order. */ Inasmuch as all issues raised in the Petition, filed on February 16, 1994, have been resolved favorably to the Petitioner, and there being no further issues for resolution, the Petition is DISMISSED. As the Parties doubtless anticipated, this Order will have the same force and effect as a Decision issued pursuant to Section 134.32(a)(4) of the regulations; it is the final decision of the Small Business Administration, and it is binding upon the Petitioner, the Agency and those within the employ of the Agency. See also Section 124.210(i). __________________________ Benjamin G. Usher Administrative Law Judge */ Since the Agency's January 17, 1994 determination was made, the Associate Administrator for Minority Small Business and Capital Ownership Development has been succeeded by the Acting Associate Administrator for Minority Enterprise Development.