The SBA has laid out a formal and legal process for appealing its decisions to deny PPP loan forgiveness. The process is intricate and detail oriented, and there will be continued developments as the appeals come in.
Once the appeal petition is filed, the SBA Office of Hearing and Appeals will assign the matter to either an Administrative Law Judge or an Administrative Judge. The Judge will then issue a notice and order setting a deadline for production of the administrative record and specifying a date for the close of record.
• Only certain kinds of SBA loan review decisions under the PPP may be appealed.
• The deadline to file an appeal is the earlier of two scenarios: 1) within 30 calendar days after the appellant’s receipt of the final SBA loan review decision, or 2) within 30 calendar days of the notification by the lender of the final SBA loan review decision.
• In the appeals process, the appellant has the burden of proof to show by a preponderance of the evidence that there is a clear error of fact or law.