MOTION TO DISMISS THE PAYCHECK PROTECTION PROGRAM APPEAL
- Issuer
- U.S. Small Business Administration, Office of Hearings and Appeals
- Document type
- Womply Sba Loan Appeal 5187557106
- Date
- 2026-06-27
Summary
Motion to dismiss filed by the U.S. Small Business Administration on January 18, 2023 before the SBA Office of Hearings and Appeals in the Paycheck Protection Program appeal of OTO Analytics, Inc., Docket No. PPP-5187557106. The SBA states that the appeal was filed on October 3, 2022 from a Final SBA Loan Review Decision issued September 1, 2022, and that the SBA withdrew that decision on or about December 16, 2022 because the appellant provided all documents requested to determine eligibility. It argues that, with no final loan review decision and no referral from the Administrator, OHA lacks jurisdiction and must dismiss under 13 C.F.R. § 134.1205(a)(1). The motion is signed by SBA attorney Anthony Davis and attaches as Exhibit A a declaration of SBA Loan Specialist Jason C. Frulla, with certificates of service.
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Full text
UNITED STATES SMALL BUSINESS ADMINISTRATION
OFFICE OF HEARINGS AND APPEALS
)
PAYCHECK PROTECTION PROGRAM )
APPEAL OF: )
)
OTO ANALYTICS, INC. ) Docket No. PPP- 5187557106
)
Appellant )
)
Appealed from
SBA PPP Loan No. 5187557106 )
)
MOTION TO DISMISS THE PAYCHECK PROTECTION PROGRAM APPEAL
Pursuant to 13 C.F.R. § 134.211(e)1, the United States Small Business Administration
(SBA), through its undersigned attorney, submits this Motion to Dismiss the Paycheck Protection
Program (PPP) Appeal of OTO ANALYTICS, INC., which was filed with the Office of Hearings
and Appeals (OHA) on October 3, 2022 (hereinafter referred to as “Appeal”). SBA moves for
dismissal of the Appeal because the agency has withdrawn its Final SBA Loan Review Decision
issued on September 1, 2022, to Borrower, OTO ANALYTICS, INC., SBA Loan No. 5187557106
(hereinafter referred to as “the Loan”).
OHA has jurisdiction to conduct proceedings in the types of cases identified in 13 C.F.R. §
134.102. Paragraph (w) of 13 C.F.R. § 134.102 states that “OHA has authority to conduct
proceedings in the following cases: Appeals of certain SBA loan review decisions as defined in 13
C.F.R. § 134.1201.” (emphasis added). Title 13 C.F.R. § 134.1201, et seq. governs OHA appeals
under the PPP. Paragraph (a) of 13 C.F.R. § 134.1201 specifically provides that “[t]he rules of
practice in this subpart apply to appeals to OHA from certain final SBA loan review decisions
under the [PPP] as described in paragraph (b) of this section, and to any other PPP matter referred
to OHA by the Administrator of SBA.” (emphasis added). Paragraph (b) of section
1
Title 13 C.F.R. § 134.1201, et seq. governs appeals under the Paycheck Protection Program. Title 13 C.F.R §
134.1201(h) incorporates additional specific regulations including, but not limited to, 13 C.F.R § 134.211.
134.1201 provides the types of final SBA loan review decisions appealable to OHA. No regulation
other than 13 C.F.R. § 134.102(w) and 13 C.F.R. § 134.1201 provide OHA with jurisdiction to
adjudicate a PPP matter. Therefore, OHA only has jurisdiction to adjudicate PPP appeals when a
certain final SBA loan review decision under the PPP has been issued or when a matter is referred
by the SBA Administrator.
On or about December 16, 2022, SBA withdrew the final SBA loan review decision issued
on the Loan. See Declaration of Jason C. Frulla, attached as Exhibit A, ¶4. SBA withdrew that
decision because Appellant provided SBA with all documents requested to determine eligibility.
See id.
Since there is no longer a Final SBA Loan Review Decision concerning the Loan at this
time and the Administrator has not referred this matter to OHA, there is no jurisdiction for OHA to
adjudicate this matter and the appeal should be dismissed in accordance with OHA regulations.
Title 13 C.F.R. § 134.1205(a)(1) provides that the “Judge must dismiss the appeal if: The appeal is
beyond OHA’s jurisdiction as set forth under § 134.1201.” (emphasis added).
Therefore, SBA respectfully moves OHA to dismiss the appeal.
Date: January 18, 2023 Respectfully submitted,
/s/ Anthony Davis
Anthony Davis
Attorney for SBA
UNITED STATES SMALL BUSINESS ADMINISTRATION
OFFICE OF HEARINGS AND APPEALS
)
PAYCHECK PROTECTION PROGRAM )
APPEAL OF: )
)
OTO ANALYTICS, INC., ) Docket No. PPP-5187557106
)
Appellant )
)
Appealed from
SBA PPP Loan No. 5187557106 )
)
CERTIFICATE OF SERVICE
I certify that on January 18, 2023, I filed a copy of the above Motion to Dismiss the
Paycheck Protection Program Appeal in the OHA Case Portal.
Respectfully submitted,
/s/ Anthony Davis
Anthony Davis
Agency Counsel
Office of General Counsel
Baltimore District Office
U.S. Small Business Administration
100 S. Charles Street, Suite 1201
Baltimore, MD 21201
(202) 441-3844
Anthony.Davis@sba.gov
UNITED STATES SMALL BUSINESS ADMINISTRATION
OFFICE OF HEARINGS AND APPEALS
)
PAYCHECK PROTECTION PROGRAM )
APPEAL OF: )
)
OTO ANALYTICS, INC. ) Docket No. PPP- 5187557106
)
Appellant )
)
Appealed from
SBA PPP Loan No. 5187557106 )
)
EXHIBIT A
DECLARATION OF JASON C. FRULLA
I, Jason C. Frulla, for my declaration pursuant to 28 U.S.C. § 1746, depose and say
as follows:
1. I work at the United States Small Business Administration (“SBA”) as a Loan Specialist,
Office of Financial Program Operations, in the Office of Capital Access. The Office of
Capital Access is responsible for the operation of and development of policy for the SBA’s
business loan programs authorized under the Paycheck Protection Program (“PPP”)
authorized under the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. 116–136);
the Paycheck Protection Program and Health Care Enhancement Act (Pub. L. 116–139); the
Paycheck Protection Program Flexibility Act of 2020 (Pub. L. 116–142); the Economic Aid
to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Pub. L. 116–260); the American
Rescue Plan Act of 2021 (Pub. L. 117-2); and the PPP Extension Act of 2021 (Pub. L. 117–
6). I am knowledgeable about the PPP programs and have access to relevant PPP files and
records.
2. I submit this declaration in support of the SBA’s MOTION TO DISMISS THE PAYCHECK
PROTECTION PROGRAM APPEAL filed in the above-captioned matter. The statements
contained in this declaration are based on my personal knowledge and information made
available to me while carrying out my duties and responsibilities as a Loan Specialist, Office
of Financial Program Operations.
3. I have reviewed relevant SBA records with respect to the above-captioned PPP Loan, OTO
ANALYTICS, INC., SBA Loan No. 5187557106 (the Loan).
4. On or about December 16, 2022, SBA withdrew the Agency’s final SBA loan review decision
on the Loan. SBA withdrew that decision because Appellant provided SBA with all
documents requested to determine eligibility.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and
correct, to the best of my knowledge and belief.
Executed on the date set forth in the electronic signature block below.
Jason C. Digitally signed by
Jason C. Frulla
Frulla Date: 2023.01.18
14:14:27 -06'00'
Jason C. Frulla
Loan Specialist
Office of Financial Program Operations
UNITED STATES SMALL BUSINESS ADMINISTRATION
OFFICE OF HEARINGS AND APPEALS
)
PAYCHECK PROTECTION PROGRAM )
APPEAL OF: )
)
OTO ANALYTICS, INC. ) Docket No. PPP- 5187557106
)
Appellant )
)
Appealed from
SBA PPP Loan No. 5187557106 )
)
CERTIFICATE OF SERVICE
I certify that on January 18, 2023, I filed a copy of the above Declaration in Support of the
Motion to Dismiss the Paycheck Protection Program Appeal in the OHA Case Portal.
Respectfully submitted,
/s/ Anthony Davis
Anthony Davis
Agency Counsel
Office of General Counsel
Baltimore District Office
U.S. Small Business Administration
100 S. Charles Street, Suite 1201
Baltimore, MD 21201
(202) 441-3844
Anthony.Davis@sba.gov
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