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Second Appeal Summary
PA ID# 109-55000; City of Oklahoma City
DSR ID# 877, 886, 887, 899, 946; Audit
Citation: FEMA-1066-DR-OK; City of Oklahoma City; DSR 877, 886, 887, 899, 946
Cross-reference: Audit Findings
Summary: Due to a severe windstorm on July 24, 1995, Oklahoma City was awarded $2.39 million for debris removal, permanent restoration of roads and bridges, and repair or restoration of buildings, parks and recreational facilities. In late December 2001, the Office of Inspector General (OIG) conducted an audit of the Citys Public Assistance grant records to determine whether the City expended and accounted for FEMA funds according to Federal regulations and FEMA guidelines. The OIG finalized the report on January 31, 2002, with a finding of $365,247 in questionable costs. The City appealed the findings in a letter dated January 14, 2003. The Regional Director determined that the additional documentation supported $80,652 of the $365,247 was eligible, leaving $284,595 in ineligible costs. The City sent a second letter appealing $284,595, dated February 28, 2003. The Citys position is that the statute of limitation for audits and recovery of funds expired based on the three-year document retention requirement in 44 CFR §13.42 (b) and (c), and the Robert T. Stafford Act, Section 705.
Issues: Was the audit performed within three years after the date of transmission of the final expenditure report for the applicant?
Rationale: Section 705 of the Robert T. Stafford Act Disaster and Emergency Relief Act, and 44 CFR §13.42 (b) and (c).