Time Limitations

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1472-DR
ApplicantHarding University
Appeal TypeSecond
PA ID#XXX-XXXXX
PW ID#N/A
Date Signed2004-12-07T05:00:00
Citation: FEMA-1472-DR-AR, Harding University

Cross-reference: Time Limitations

Summary: A disaster declaration was issued on June 6, 2003, as a result of severe storms, tornadoes, and flooding beginning on May 2, 2003, which impacted certain areas in the State of Arkansas. White County was among the communities designated for Public Assistance. Harding University did not complete a Request for Public Assistance (RPA) within the 30 days after designation as specified at 44 CFR § 206.202. The State of Arkansas Department of Emergency Management (Grantee) sent a request for consideration on behalf of Harding University to FEMA Region VI dated November 13, 2003. FEMA Region VI Acting Regional Director denied the request because Harding University never filed the required RPA, and the letter from the Grantee was received more than four months beyond the expiration of the submission period. On February 20, 2004, the Grantee forwarded Harding University’s first appeal to the Regional Director. The University requested reconsideration of its applicant status and funding for the insurance deductible portion of its disaster expenses. The Regional Director upheld the determination. In the second appeal, Harding University asserts it did not know about the application deadline.
Issues: Has the University demonstrated extenuating circumstances justifying the submittal of Request for Public Assistance more than four months after the application period ended?
Findings: No. The circumstances identified by the University do not justify an exception to the regulatory time limit for application and identification of damages. The Grantee is responsible for informing Subgrantees of all assistance available following a disaster.

Rationale: 44 CFR § 206.202(b) and 44 CFR § 206.202 (c)

Appeal Letter

December 7, 2004

Mr. Wayne Ruthven
State Director
Arkansas Department of Emergency Management
P.O. Box 758
Conway, AR 72033-0758

Re: Second Appeal – Harding University, Time Limitations,
FEMA-1472-DR-AR

Dear Mr. Ruthven:

This is in response to your letter dated July 19, 2004, which transmitted the referenced second appeal on behalf of Harding University (University). The University requests a reconsideration of the Regional Director’s denial of its application for funding for the uninsured portion of its disaster expenses through Public Assistance under FEMA-1472-DR-AR.

Severe storms, tornadoes, and flooding beginning on May 2, 2003, impacted certain areas in the State of Arkansas, resulting in major disaster declaration FEMA-1472-DR-AR on June 6, 2003. White County was among the 15 Counties designated for Public Assistance.

The University claims to have reported their damage information to two FEMA representatives and the Searcy City Engineer on May 6, 2003, and to the Office of the Mayor of Searcy and the local fire department on May 23, 2003. However, the University did not complete a Request for Public Assistance (RPA) within the 30 days after designation as specified at 44 CFR § 206.202 (c). The State of Arkansas Department of Emergency Management (Grantee) sent a request for consideration on behalf of Harding University to FEMA Region VI dated November 13, 2003. By letter dated December 9, 2003, FEMA Region VI Acting Regional Director denied the request because the University never filed the required RPA, and the letter from the Grantee was received more than four months beyond the expiration of the submission period.

By letter dated February 11, 2004, the University requested an appeal of FEMA’s decision asserting it did not know about a deadline. The Grantee forwarded the University’s appeal and its support to FEMA Region VI by letter dated February 20, 2004. FEMA Region VI Director denied the appeal by letter dated May 13, 2004.

The University submitted a second appeal on July 8, 2004. The University continues to cite misinformation and lack of understanding of the Public Assistance Program as the basis for their delay in notifying the Grantee of disaster related damages.

As explained in 44 CFR § 206.202(b), following a Presidential disaster declaration, it is the Grantee’s responsibility to ensure that the Subgrantee is aware of the disaster assistance available. During the period following the disaster, FEMA released numerous public information notices describing the assistance available and urging potential applicants to register within the appropriate time periods. 44 CFR § 206.202 (c) requires potential applicants to file their Requests for Public Assistance within 30 days of designation. The University did not pursue FEMA assistance until four months beyond the closure of the RPA submission time frame. The mitigating circumstances cited in the first and second appeals are not sufficient to overturn the Regional Director’s decision on the first appeal. 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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