Time Limitations
Appeal Brief
Appeal Letter
Citation: FEMA-1437-DR-LA; Iberia Parish Government, Time Limitations
Cross-reference: Time Limitations
Summary: Hurricane Lili impacted the State of Louisiana in October 2002, resulting in major disaster declaration FEMA-1437-DR-LA on October 3, 2002. As a result, the Iberia Parish Government (Applicant) submitted a claim for $31,450 for increased garbage removal costs. The Federal Emergency Management Agency (FEMA) denied the request on January 15, 2003, because the price was unreasonable and the contract included a contingency clause specifying a renegotiation of higher rates in the event of natural disasters. The Applicant submitted a first appeal on June 13, 2003, claiming that the additional costs were a direct result of Hurricane Lili and necessary to eliminate a health hazard. The FEMA Region VI Acting Regional Director denied the appeal because it was not submitted within the required 60-day time limit specified at 44 CFR § 206.206. The Applicant submitted its second appeal on December 17, 2003, requesting that FEMA reconsider its claim for $31,450 as eligible. The State of Louisiana does not make a recommendation on the Applicants appeal.
Issues: Are the increased costs eligible for reimbursement?
Findings: No. The second appeal was not submitted within the 60-day regulatory timeframe for submitting second appeals.
Rationale: 44 CFR § 206.206(c)(2)
Appeal Brief
| Disaster | FEMA-1437-DR |
| Applicant | Iberia Parish Government |
| Appeal Type | Second |
| PA ID# | 045-99045-00 |
| PW ID# | N/A |
| Date Signed | 2004-07-06T04:00:00 |
Appeal Letter
July 6, 2004
Colonel Michael Brown, Assistant Director
Louisiana Office of Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, Louisiana 70806
Re: Second Appeal Iberia Parish Government, PA ID# 045-99045-00, Time Limitations, FEMA-1437-DR-LA
Dear Colonel Brown:
This is in response to your letter dated January 8, 2004, that transmitted the referenced second appeal on behalf of the Iberia Parish Government (Applicant). The Applicant is requesting reconsideration of the Federal Emergency Management Agencys (FEMAs) determination on the eligibility of $31,450 in increased costs for garbage removal.
Hurricane Lili impacted the State of Louisiana in October 2002, resulting in major disaster declaration FEMA-1437-DR-LA on October 3, 2002. As a result, the Applicant submitted a claim for $31,450 for increased garbage removal costs. FEMA denied the request on January 15, 2003, because the price was deemed unreasonable and the contract included a contingency clause specifying a renegotiation for higher rates in the event of natural disasters.
The Applicant submitted a first appeal on June 13, 2003, claiming that the additional costs were a direct result of Hurricane Lili and necessary to eliminate a health hazard. The FEMA Region VI Acting Regional Director denied the appeal on July 11, 2003, because it was not submitted within the required 60-day time limit specified at 44 CFR § 206.206.
The Applicant submitted its second appeal on December 17, 2003, almost three months past the 60-day deadline for submitting second appeals. Included in the appeal was a letter from the Applicants contractor to the Applicant breaking down the costs for the garbage removal operation.
44 CFR § 206.206(c)(1) allows applicants to file appeals within 60 days from the receipt of a notice of the action that is being appealed. The Applicant clearly did not meet this requirement, as it did not submit its second appeal until almost three months after the 60-day regulatory requirement. Therefore, the appeal is denied.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR § 206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Ron Castleman
Regional Director
FEMA, Region VI
Colonel Michael Brown, Assistant Director
Louisiana Office of Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, Louisiana 70806
Re: Second Appeal Iberia Parish Government, PA ID# 045-99045-00, Time Limitations, FEMA-1437-DR-LA
Dear Colonel Brown:
This is in response to your letter dated January 8, 2004, that transmitted the referenced second appeal on behalf of the Iberia Parish Government (Applicant). The Applicant is requesting reconsideration of the Federal Emergency Management Agencys (FEMAs) determination on the eligibility of $31,450 in increased costs for garbage removal.
Hurricane Lili impacted the State of Louisiana in October 2002, resulting in major disaster declaration FEMA-1437-DR-LA on October 3, 2002. As a result, the Applicant submitted a claim for $31,450 for increased garbage removal costs. FEMA denied the request on January 15, 2003, because the price was deemed unreasonable and the contract included a contingency clause specifying a renegotiation for higher rates in the event of natural disasters.
The Applicant submitted a first appeal on June 13, 2003, claiming that the additional costs were a direct result of Hurricane Lili and necessary to eliminate a health hazard. The FEMA Region VI Acting Regional Director denied the appeal on July 11, 2003, because it was not submitted within the required 60-day time limit specified at 44 CFR § 206.206.
The Applicant submitted its second appeal on December 17, 2003, almost three months past the 60-day deadline for submitting second appeals. Included in the appeal was a letter from the Applicants contractor to the Applicant breaking down the costs for the garbage removal operation.
44 CFR § 206.206(c)(1) allows applicants to file appeals within 60 days from the receipt of a notice of the action that is being appealed. The Applicant clearly did not meet this requirement, as it did not submit its second appeal until almost three months after the 60-day regulatory requirement. Therefore, the appeal is denied.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR § 206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Ron Castleman
Regional Director
FEMA, Region VI
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