Appeals, Project Documentation and Closeout

Appeals - Section 705

HEADNOTES

An eligible applicant may appeal a determination related to the provision of Federal assistance within 60 days of receiving notice of FEMA’s determination. FEMA made no new eligibility determinations after the projects were closed and appeal rights for the prior determinations lapsed. Therefore, the appeal claims related to the provision and repayment of PA funds are untimely. Section 705 does not apply in cases where an applicant’s appeal rights are exhausted, including when an applicant has not submitted a timely appeal. Because the Applicant’s appeal is untimely, the protections of Stafford Act section 705 do not apply.

CONCLUSION

The Applicant’s appeal is untimely and the protections of Stafford Act section 705 do not prohibit the Grantee’s recovery of funds. Accordingly, the appeal is denied.

AUTHORITIES

Stafford Act § 705. 44 C.F.R. § 206.206. FP 205-081-2 at 2. N. Miami Beach Med. Ctr., FEMA-4337-DR-FL, at 3; St. Thomas Univ., FEMA-1609-DR-FL, at 3.

44 C.F.R. § 206.206
Appeals, Project Documentation and Closeout