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Small Business Administration Office of Hearings and Appeals — Administrative Order (PPP)

Summary

An Administrative Order of the U.S. Small Business Administration Office of Hearings and Appeals, dated the 11th day of January, 2022, with a signature block for Kimberly P. Mcleod, Assistant Administrator for Hearings and Appeals. It recalls that on September 16, 2021 the agency published a Final Rule on borrower appeals of final SBA loan review decisions under the Paycheck Protection Program, codified at 13 C.F.R. Part 134, Subpart L. The order clarifies that 13 C.F.R. § 134.1202(c), the rule on counting a time period, applies to all filing deadlines under that subpart, including deadlines for motions, administrative records and responses. It gives an example in which a 30th calendar day falling on a Saturday moves the appeal deadline to Monday.

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Cite this document

“Small Business Administration Office of Hearings and Appeals — Administrative Order (PPP).” Original at legacy.sba.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sba-administrative-order-on-deadlines-for-ppp-filings-373dd3542a/, SHA-256 b8901f6992b9ec6157f25dd33f02fa0d68fbed63e28e68c790cb6ffd3044a611.

Full text

                          UNITED STATES OF AMERICA
                UNITED STATES SMALL BUSINESS ADMINISTRATION
                      OFFICE OF HEARINGS AND APPEALS
                              WASHINGTON, D.C.

                                 ADMINISTRATIVE ORDER

On September 16, 2021, the U.S. Small Business Administration published in the Federal
Register a Final Rule titled “Borrower Appeals of Final SBA Loan Review Decisions Under the
Paycheck Protection Program.” 86 Fed. Reg. 51589. This rule, codified at 13 C.F.R. Part 134,
Subpart L, provides Paycheck Protection Program (PPP) borrowers with the process to appeal
certain final SBA loan review decisions under the PPP to the Office of Hearings and Appeals
(OHA) and sets forth the procedures that are applicable to an appeal hearing before OHA. See
13 C.F.R. § 134.1201, et seq.

One of the regulations in Subpart L, 13 C.F.R. § 134.1202(c), sets forth information on how to
calculate the time period for a deadline. The regulation provides the following information to
determine a deadline:

       (c)(1) Do not count the day the time period begins, but do count the last day of the time
       period.
       (2) If the last day is Saturday, Sunday, or a Federal holiday, the time period ends on the
       next business day.

       Example: On a Thursday, a borrower receives a final SBA loan review decision. The time
       period begins on Thursday, so the first day to count is Friday. Because the 30th calendar
       day after receipt of the decision is a Saturday, the appeal deadline extends to the next
       business day, which is Monday.

13 C.F.R. § 134.1202(c).

OHA is issuing this Order to clarify that 13 C.F.R. § 134.1202(c) applies not only to the time
period applicable to the commencement of an appeal filed pursuant to 13 C.F.R Part 134,
Subpart L, but also applies to all filing deadlines made pursuant to that subpart, including, but
not limited to the filing deadlines for motions, administrative records, and responses.

It is SO ORDERED this _11th_ day of January, 2022.



                                              __________________________
                                              Kimberly P. Mcleod
                                              Assistant Administrator for Hearings and Appeals
                                              Office of Hearings and Appeals

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Administrative-Order-filing-deadlines-01112022.pdf
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130,767 bytes
SHA-256
b8901f6992b9ec6157f25dd33f02fa0d68fbed63e28e68c790cb6ffd3044a611
Our copy
Administrative-Order-filing-deadlines-01112022.pdf
Original
legacy.sba.gov
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