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Second Appeal Letter
PA ID# xxx-xxxxx; California Department of Veterans Affairs
DSR ID# xx; Request for Public Assistance
January 13, 2009
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95665
RE: Second AppealCalifornia Department of Veterans Affairs, Veterans Home of
California, Chula Vista, Request for Public Assistance
Dear Mr. McCarton:
This letter is in response to your letter dated August 15, 2008, which transmitted the referenced second appeal on behalf of the California Department of Veterans Affairs (CDVA). CDVA is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) decision to deny its Request for Public Assistance (RPA) because it was submitted after the established application deadline.
CDVA submitted an RPA to the State of Californias Governors Office of Emergency Services (OES) on January 15, 2008, 22 days after the established deadline of December 24, 2007. In a letter dated May 8, 2008, the Deputy Regional Administrator denied the appeal because the CDVAs RPA was not submitted within the regulatory timeframe and CDVA did not provide any extenuating circumstances beyond its control as required in 44 CFR §206.202(f)(2).
On July 3, 2008, CDVA submitted a second appeal contending the receipt of misinformation from its headquarters office caused the delay in submitting the RPA. Additionally, the Applicant states that OES and FEMA are obliged to disseminate information in a clear and concise manner, and that CDVA should not be penalized since OES and FEMA did not inform it of the deadline.
Based on my review of the information provided, I have determined that CDVA has not identified any extenuating circumstances for submitting the RPA after the established deadline. Therefore, the second appeal is denied.
Please inform CDVA of this determination. This determination constitutes the final decision of the matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward