IN THE MATTER OF: PRESTIGE REAL ESTATE OF THE HUDSON VALLEY LLC D/B/A PRESTIGE BUILDING COMPANY...

*1 On November 15, 2023, the Associate Administrator of the Office of Business Development (AA/BD) of the Small Business Administration (SBA) suspended PRESTIGE Real Estate of the Hudson Valley, LLC (Appellant) from further participation in 8(a) Business Development (BD) program. On December 27, 2023, Appellant filed the instant appeal from that suspension with SBA's Office of Hearings and Appeals (OHA) under 13 C.F.R. §§ 124.305, 134.401(e).

*1 On February 6, 2024, the AA/BD issued a letter rescinding the suspension of Appellant from the 8(a) BD program. (SBA Letter (Feb. 6, 2024).) The letter further stated that SBA “intends to suspend PRESTIGE from the 8(a) BD program”. (Id.) The suspension is based upon 13 C.F.R. §§ 124.305(a) and 124.305(h)(1)(i). The letter concludes by stating “PRESTIGE may appeal this suspension by filing a petition with SBA's Office of Hearings and Appeals (OHA) in accordance with 13 C.F.R. part 134 within 45 days after receipt of this Notice.” (Id., at 2.)

*1 Also on February 6, 2024, SBA filed a Motion to Dismiss the instant appeal as moot, because it had rescinded the suspension letter from which Appellant was appealing. (Motion to Dismiss, at 1.)

*1 Because SBA has rescinded the action Appellant is appealing, I find that there is no longer any case or controversy here, and I therefore DISMISS the instant appeal as MOOT. This is the final decision of the U.S. Small Business Administration. See 13 C.F.R. § 134.316(d).

*1 This decision is without prejudice to any action Appellant may choose to take in response to SBA's February 6th letter. I note that there are irregularities with this letter which Appellant may wish to address. The letter initially characterizes itself as notice of intent to suspend Appellant, but the regulations do not contemplate that SBA will give notice of an intent to suspend, they merely provide for a suspension. 13 C.F.R. § 124.305(b). Further, the letter later characterizes itself as a suspension and gives Appellant notice of appeal rights, but one of the grounds of suspension is 13 C.F.R. § 124.305(h)(1)(i), and such suspensions are not appealable. 13 C.F.R. § 124.305(h)(2).