Appeal Timeliness
Appeal Timeliness – 705(c)
Southwest Florida Water Management District
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Per 44 C.F.R. 206.206(c)(2); a grantee must review and forward an applicant appeal to FEMA within 60-days of receipt.The Grantee submitted the Applicant first appeal far outside the requisite 60 days of receipt; thus; the Applicant first appeal is untimely.FEMA Recovery Policy FP 205-081-2 provides that Stafford Act section 705(c) prohibition against recoupment of funds does not apply to project worksheets where the applicant appeal rights have lapsed and FEMA has made a final administrative decision.The Applicant first appeal was untimely; thus; its appeal rights lapsed. Therefore; section 705(c) does not prohibit FEMA from recovering funds.

Appeals
2018

FEMA Recovery Policy; Stafford Act Section 705; Disaster Grant Closeout Procedures; FP-205-081-2; at 2; 4-5 (Mar. 31; 2016).FEMA Second Appeal Analysis; Nashville-Davidson Cty.; FEMA-1909-DR-TN; at 4 ; FEMA Second Appeal Analysis; Broward Cty.; FEMA-1602/1609-DR-FL; at 5 n.36; FEMA Second Appeal Analysis; City of Atlanta; FEMA-1858-DR-GA; at 6 ; FEMA Second Appeal Analysis; Town of Nichols; FEMA-4031-DR-NY; at 5; FEMA Second Appeal Analysis; Town of Windermere; FEMA-1561-DR-FL; at 5; FEMA Second Appeal Analysis; City of Sweetwater; FEMA-1345-DR-FL; at 4; FEMA Second Appeal Analysis; Village of Waterford; FEMA-4020-DR-NY; at 4.HeadnotesPer 44 C.F.R. § 206.206(c)(2); a grantee must review and forward an applicant’s appeal to FEMA within 60-days of receipt.The Grantee submitted the Applicant’s first appeal far outside the requisite 60 days of receipt; thus; the Applicant’s first appeal is untimely.FEMA Recovery Policy FP 205-081-2 provides that Stafford Act section 705(c)’s prohibition against recoupment of funds does not apply to project worksheets where the applicant’s appeal rights have lapsed and FEMA has made a final administrative decision.The Applicant’s first appeal was untimely; thus; its appeal rights lapsed. Therefore; section 705(c) does not prohibit FEMA from recovering funds.

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