---
kind: "section"
citation: "13 C.F.R. § 134.202"
title: "13"
number: "134.202"
heading: "Commencement of cases."
url: "https://uscodex.org/cfr/13/134.202"
---

# §134.202. Commencement of cases.

- (a) A party other than the SBA may commence a case by filing an appeal petition.
  - (1) **The filing deadline is contained in the SBA regulations governing the specific type of appeal.**
  - (2) Where the SBA action or determination being appealed states a different time period (or deadline) for filing an appeal petition than does the applicable regulation, the longer time period (or later deadline) governs.
- (b) The SBA may commence a case by issuing to the respondent an appropriate written order to show cause and filing the order to show cause with OHA.
- (c) Cases concerning Small Business Investment Company license suspensions and revocations and cease and desist orders must be commenced with an order to show cause containing a statement of the matters of fact and law asserted by the SBA, the legal authority and jurisdiction under which a hearing is to be held, a statement that a hearing will be held, and the time and place for the hearing.
- (d) **Calculation and modification of time periods and deadlines.**
  - (1) **Calculation of a deadline when the time period is given in days.**
    - (i) **Do not count the day the time period begins, but do count the last day of the time period.**
    - (ii) If the last day is Saturday, Sunday, or a Federal holiday, the time period ends on the next business day.
  - (2) **Modification of a time period or deadline.**
    - (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](/cfr/13/134.211.md).

## Notes

### Amendments

[67 FR 47246, July 18, 2002, as amended at 70 FR 17587, Apr. 7, 2005; 75 FR 47439, Aug. 6, 2010]

### 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.

### Amendments

[67 FR 47246, July 18, 2002, as amended at 70 FR 17587, Apr. 7, 2005; 75 FR 47439, Aug. 6, 2010]