Section 423 of the Stafford Act; implemented by 44 C.F.R. 206.206(c); requires an applicant to appeal a determination within 60 days of receiving notice. The grantee must forward the appeal together with a written recommendation; within 60 days of receipt. Failure by either the applicant or the grantee to comply with these requirements renders the appeal untimely and the applicant appeal rights lapse.44 C.F.R. 206.206(a) provides that appeals will be made in writing through the grantee and must contain documented justification supporting the appellant position; specifying the monetary figure in dispute and the provisions in Federal law; regulation; or policy with which the appellant believes the initial action was inconsistent.The Applicant demonstrated its February 15; 2016 submittal met appeal content and format requirements and was timely filed. However; the Grantee failed to forward it to FEMA within 60 days of receipt. 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 inapplicable.

HeadnotesSection 423 of the Stafford Act; implemented by 44 C.F.R. § 206.206(c); requires an applicant to appeal a determination within 60 days of receiving notice. The grantee must forward the appeal together with a written recommendation; within 60 days of receipt. Failure by either the applicant or the grantee to comply with these requirements renders the appeal untimely and the applicant’s appeal rights lapse.44 C.F.R. § 206.206(a) provides that appeals will be made in writing through the grantee and must contain documented justification supporting the appellant’s position; specifying the monetary figure in dispute and the provisions in Federal law; regulation; or policy with which the appellant believes the initial action was inconsistent.The Applicant demonstrated its February 15; 2016 submittal met appeal content and format requirements and was timely filed. However; the Grantee failed to forward it to FEMA within 60 days of receipt. 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 inapplicable.