According to Stafford Act 423 and 44 C.F.R. 206.206(c)(1); an applicant has 60 days from receipt of notice of an eligibility determination to appeal the determination. The Applicant first appeal of Versions 3 and 4 of PW 6235 was untimely regarding both versions.As such; the Applicant exhausted its appeal rights prior to second appeal.Pursuant to Stafford Act 705(c); as interpreted by FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; FEMA is prohibited from recovering funds deobligated in PWs if: (1) payment was authorized in an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished; even if FEMA later determines the costs were obligated contra to FEMA law; regulation; or policy. The prohibition does not apply where appeal rights are exhausted and FEMA has made a final administrative decision.The Applicant appeal rights regarding Version 4 of PW 6235 were exhausted prior to second appeal.
FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; at 2.HeadnotesAccording to Stafford Act § 423 and 44 C.F.R. § 206.206(c)(1); an applicant has 60 days from receipt of notice of an eligibility determination to appeal the determination. The Applicant’s first appeal of Versions 3 and 4 of PW 6235 was untimely regarding both versions.As such; the Applicant exhausted its appeal rights prior to second appeal.Pursuant to Stafford Act § 705(c); as interpreted by FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; FEMA is prohibited from recovering funds deobligated in PWs if: (1) payment was authorized in an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished; even if FEMA later determines the costs were obligated contra to FEMA law; regulation; or policy. The prohibition does not apply where appeal rights are exhausted and FEMA has made a final administrative decision.The Applicant’s appeal rights regarding Version 4 of PW 6235 were exhausted prior to second appeal.