News Detail

SBA Publishes Final Rule Regarding Borrower Appeals of Final SBA Loan Review Decisions Under the Paycheck Protection Program

In this morning’s Federal Register, the Small Business Administration (SBA) published a final rule adopting portions of its August 27, 2020 interim rule on “Appeals of SBA Loan Review Decisions Under the Paycheck Protection Program.”  This rule is intended to inform Paycheck Protection Program (PPP) borrowers and lenders of the process for a PPP borrower to appeal certain final SBA loan review decisions to the Office of Hearings and Appeals (OHA). 

Under the rule, an appealable final loan review decision is an official written decision by the SBA, following the SBA’s completion of PPP loan review, 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; and/or (3) is ineligible for PPP loan forgiveness.  Only final SBA loan review decisions can be appealed to OHA. A PPP borrower cannot file an OHA appeal of any decision made by a lender concerning a PPP loan.

This final rule is effective today, September 16, 2021.

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