Appeal Timeliness

Appeal Timeliness

HEADNOTES

The Appeals Manual requires that when FEMA issues an eligibility determination it provide an applicant notice of its appeal rights and the format, content, and procedural requirements outlined in 44 C.F.R. § 206.206, which includes a 60 day time limit. When FEMA issued eligibility determinations on both July 9, 2015 and November 20, 2015, it failed to apprise the Applicant of its appeal rights. As such, the Applicant did not receive adequate notice of the format, content, and procedural requirements outlined in 44 C.F.R. § 206.206.

CONCLUSION

: FEMA’s prior eligibility determinations omitted mention of the Applicant’s appeal rights and procedural requirements to submit an appeal. As such, there is no basis to uphold the first appeal decision, as doing so would enforce requirements the Applicant did not receive adequate notice of.

AUTHORITIES

Stafford Act § 423. 44 C.F.R. § 206.206 (a), (c). Public Assistance Program Appeal Procedures, at 11.

44 C.F.R. § 206.206 (a), (c)
Appeal Timeliness