13 CFR 134.1202 – Commencement of appeals of final SBA loan review decisions
(a) An appeal petition must be filed with OHA within 30 calendar days after the appellant’s receipt of the final SBA loan review decision. To file and manage an appeal of a final SBA loan review decision with OHA, refer to the OHA Case Portal at https://appeals.sba.gov. An appellant is required to use the OHA Case Portal to file and manage their appeal.
Terms Used In 13 CFR 134.1202
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Statute: A law passed by a legislature.
(b) Appellant must provide their lender with a copy of the timely appeal petition upon filing in order for the lender to extend the deferment period of the PPP loan until a final decision is issued under § 134.1211.
(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.
(3)(i) A Judge may modify any time period or deadline, except:
(A) The time period governing commencement of a case (i.e., when the appeal petition may be filed); and
(B) A time period established by statute.
(ii) A party may move for an extension of time pursuant to § 134.211.
(d) A timely appeal by a PPP borrower of a final SBA loan review decision extends the deferment period of the PPP loan until a final decision is issued under § 134.1211.