---
kind: "section"
citation: "13 C.F.R. § 134.1201"
title: "13"
number: "134.1201"
heading: "Scope of the rules in this subpart."
url: "https://uscodex.org/cfr/13/134.1201"
---

# §134.1201. Scope of the rules in this subpart.

- (a) The rules of practice in this subpart apply to appeals to OHA from certain final SBA loan review decisions under the Paycheck Protection Program (PPP) as described in [paragraph (b)](#b) of this section, and to any other PPP matter referred to OHA by the Administrator of SBA. The PPP was established as a temporary program under [section 1102](/cfr/13/1102.md) of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Pub. L. 116-136), as amended. PPP loans include first draw PPP loans made under Section 7(a)(36) of the Small Business Act and second draw PPP loans made under [Section 7(a)(37)](/cfr/13/7.md?p=a-37) of the Small Business Act.
- (b) A final SBA loan review decision that is appealable under this subpart is an official written decision by SBA, after SBA completes a review of a PPP loan, that finds a borrower:
  - (1) Was ineligible for a PPP loan;
  - (2) Was ineligible for the PPP loan amount received or used the PPP loan proceeds for unauthorized uses;
  - (3) Is ineligible for PPP loan forgiveness in the amount determined by the lender in its full approval or partial approval decision issued to SBA; and/or
  - (4) Is ineligible for PPP loan forgiveness in any amount when the lender has issued a full denial decision to SBA.
- (c) A borrower cannot directly file an appeal of a decision made by a lender concerning a PPP loan with OHA.
- (d) An appeal to OHA is an administrative remedy that must be exhausted before judicial review of a final SBA loan review decision may be sought in a Federal district court.
- (e) **Any determination by SBA's Office of Inspector General concerning a PPP loan is not appealable to OHA.**
- (f) This subpart does not create any right to appeal any SBA decision on any 7(a) loans (see [part 120](/cfr/13/part120.md) of this chapter) other than PPP loans.
- (g) The Rules of Practice for Appeals From Size Determinations and NAICS Code Designations in subpart C of this part do not apply to appeals of final SBA loan review decisions or to the PPP.
- (h) In addition to the provisions in [subpart B](/cfr/13/subpartB.md) of this part specifically referenced in this subpart, the following regulations from [subpart B](/cfr/13/subpartB.md) of this part also apply to this subpart: [§§ 134.207](/cfr/13/134.207.md) (Amendments and supplemental pleadings); 134.208 (Representation in cases before OHA); 134.209 (Requirement of signature); 134.211 (Motions); 134.212 (Summary judgment); 134.217 (Settlement); 134.218 (Judges); 134.219 (Sanctions); and 134.220 (Prohibition on ex parte communications). Other provisions from [subpart B](/cfr/13/subpartB.md) of this part that are not specifically referenced in this subpart do not apply to this subpart.

## Notes

### Source

Source: 86 FR 51595, Sept. 16, 2021, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 634(i), 637(a), 648(l), 656(i), 657t and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. Subpart J issued under 15 U.S.C. 657f. Subpart K issued under 15 U.S.C. 657f. Subpart L issued under 15 U.S.C. 636(a)(36); Pub. L. 116-136, 134 Stat. 281; Pub. L. 116-139, 134 Stat. 620; Pub. L. 116-142, 134 Stat. 641; and Pub. L. 116-147, 134 Stat. 660. Subpart M issued under 15 U.S.C. 657a; Pub. L. 117-81, 135 Stat. 1541.

### Source

Source: 61 FR 2683, Jan. 29, 1996, unless otherwise noted.