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.