Appeal Timeliness
Appeal Timeliness
Town of Southampton
<<RETURN

Under 44 C.F.R. 206.206(a); an appeal must specify 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 July 28; 2016 letter did not include a specific monetary amount in dispute and did not reference legal provisions with which FEMA determination was inconsistent. Moreover; the plain language in the letter demonstrates it was not an appeal; but rather a notification of the Applicant intent to appeal. As such; it does not satisfy the appeal content requirements of 44 C.F.R. 206.206(a).Stafford Act 423(a); implemented by 44 C.F.R. 206.206(c)(1); allows an applicant to appeal any PA determination within 60 days of receiving notice of the appealable action.The Applicant submitted its appeal of PW 1354 more than 60 days after receipt of the Grantee notification. Appeal Letter

Appeals
2017

Henderson v. Shinseki; 562 U.S. 428; 435 (2011) HeadnotesUnder 44 C.F.R. § 206.206(a); an appeal must specify 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’s July 28; 2016 letter did not include a specific monetary amount in dispute and did not reference legal provisions with which FEMA’s determination was inconsistent. Moreover; the plain language in the letter demonstrates it was not an appeal; but rather a notification of the Applicant’s intent to appeal. As such; it does not satisfy the appeal content requirements of 44 C.F.R. § 206.206(a).Stafford Act § 423(a); implemented by 44 C.F.R. § 206.206(c)(1); allows an applicant to appeal any PA determination within 60 days of receiving notice of the appealable action.The Applicant submitted its appeal of PW 1354 more than 60 days after receipt of the Grantee’s notification. Appeal Letter

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