Trinity Home Health Care, Inc., No. BDP-185 (December 2, 2002)
Docket No. BDPT-2002-06-28-14



                                
                    UNITED STATES OF AMERICA
                  SMALL BUSINESS ADMINISTRATION
                 OFFICE OF HEARINGS AND APPEALS
                        WASHINGTON, D.C.


                                )  Docket No. BDPT-2002-06-28-14
IN THE MATTER OF:               )     
                                )     
Trinity Home Health Care, Inc.  )  Decided:  December 2, 2002
                                )     
     Petitioner                 )
                                )


                     ORDER DISMISSING APPEAL

                                
     On  June 22, 2002, Petitioner Trinity Home Health Care, Inc.
(Trinity),  appealed  the decision of Respondent  Small  Business
Administration (SBA), terminating Trinity from the 8(a)  Program.
See  13  C.F.R. Parts 124 & 134.  On September 16, 2002,  Trinity
amended its appeal petition.

     On  October  25,  2002, the SBA moved to  dismiss  Trinity's
petition  or, in the alternative, for summary decision.   See  13
C.F.R.  Sections  134.212, 134.405(a)(1).  The  SBA  alleges  the
appeal  petition,  on its face, does not allege  facts  that,  if
proven  true,  would warrant reversal of the  SBA's  decision  to
terminate  Trinity from the 8(a) program.  On November  4,  2002,
Trinity opposed the motion.

     The  SBA determined Trinity showed a pattern of failures  to
make  required  submissions to the SBA in  a  timely  manner,  13
C.F.R.  Section  124.303(a)(7), and failed to maintain  its  8(a)
program  eligibility,  13 C.F.R. Section 124.303(a)(2).   In  its
appeal,  Trinity admits that it failed to submit reports required
by  the SBA and seeks to explain that failure.  Trinity does  not
address the SBA's allegation that it failed to maintain its  8(a)
program eligibility.

     The  presiding  Administrative Law Judge  must  "decline  to
accept jurisdiction" over any appeal that does not, on its  face,
allege  facts that, if proven to be true, would warrant  reversal
of the SBA's determination.  13 C.F.R. Section 134.405(a)(1).

     By  admitting that it failed to make required submissions to
the  SBA  [*] and by not addressing the claim that it  failed  to
maintain  8(a)  program eligibility, Trinity's appeal  failed  to
allege any facts that, if proven true, would warrant reversal  of
the SBA's decision to terminate Trinity.  Thus, I am required  to
"decline  to accept jurisdiction" to hear this appeal; therefore,
the  SBA's  motion must be granted, and the appeal of  the  SBA's
decision  to terminate Trinity Home Health Care, Inc.,  from  the
8(a) program must be dismissed.

     Accordingly,  the  motion  is GRANTED,  and  the  appeal  is
DISMISSED.

     Subject  to 13 C.F.R. Section 134.408(c), this is the  final
decision  of the Small Business Administration and is binding  on
the   parties.   15  U.S.C.  Section  637(a)(9)(D);   13   C.F.R.
Section 134.408(a).
                                 
                                 
                                 
                                 
                                 RICHARD S. ARKOW
                                 Administrative Law Judge
     
     
_________________________

     *   In  its  opposition, Trinity contests for the first  time
whether  a  "pattern  of  failure to make  required  submissions"
exists, given "no prior incident to make up a pattern."  However,
Trinity's  theory, offered only now to oppose the motion,  cannot
supply the allegation missing from its appeal.


                                            Posted: January, 2003