Appeal Timeliness
Appeal Timeliness – 705(c)
School District of Palm Beach County
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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 received the Applicant first appeal on October 8; 2015; but did not forward it to FEMA with a recommendation until March 25; 2016. Therefore; as the Grantee submitted the Applicant first appeal more than 100 days beyond the required 60-day timeframe; the first appeal is untimely.Recovery Policy FP 205-081-2; implementing Stafford Act Section 705(c); does not apply where appeal rights are exhausted and FEMA has made a final administrative decision.Because the first appeal was untimely; the Applicant appeal rights lapsed. Therefore; FEMA guidance implementing Stafford Act Section 705(c) is not applicable.Appeal LetterMr. Wesley Maul

Appeals
2018

FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; at 1-2; 4.Town of Windermere; FEMA-1561-DR-FL; at 4-5; Port of Galveston; FEMA-1791-DR-TX; at 6-7; Broward Cty. Sch. Bd. of Fla.; FEMA-1609-DR-FL; at 3; Fla. Dep’t of Transp.; FEMA-4068-DR-FL; at 3-4.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 received the Applicant’s first appeal on October 8; 2015; but did not forward it to FEMA with a recommendation until March 25; 2016. Therefore; as the Grantee submitted the Applicant’s first appeal more than 100 days beyond the required 60-day timeframe; the first appeal is untimely.Recovery Policy FP 205-081-2; implementing Stafford Act Section 705(c); does not apply where appeal rights are exhausted and FEMA has made a final administrative decision.Because the first appeal was untimely; the Applicant’s appeal rights lapsed. Therefore; FEMA’s guidance implementing Stafford Act Section 705(c) is not applicable.Appeal LetterMr. Wesley Maul

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