PA ID# N/A; North Dakota Secretary of State
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1981-DR-ND, North Dakota Secretary of State, RPA
Cross- Reference: Request for Public Assistance
Summary: As a result of flooding throughout North Dakota, the President declared major disaster FEMA-1981-DR-ND, on May 10, 2011. The North Dakota Secretary of State (Applicant) incurred $20,425.22 in costs from staffing a one-stop contractor-licensing center in Minot, ND from July 11 to September 8, 2011. The Applicant submitted a Request Public Assistance (RPA) on November 2, 2011. FEMA denied the RPA because the Applicant failed to cite extenuating circumstances that were beyond its control that prevent timely submittal of the RPA. The Applicant’s first appeal requested that FEMA accept the late RPA because the Applicant’s engagement with the disaster recovery efforts started after both the Applicants’ Briefing and the RPA deadline. The FEMA Regional Administrator denied the appeal because the Applicant submitted the RPA nearly six months after the date of declaration and also noted that the costs claimed by the Applicant for providing staff for the licensing center constituted increased operating costs and were, therefore, not eligible for reimbursement. The Applicant’s May 14, 2012, second appeal reiterates the claim from the first appeal and requests that FEMA reconsider approving its request for reimbursement of due to the impact of the operating costs on the Applicant’s budget. The Applicant submitted the RPA well after the regulatory timeframe established in Title 44 Code of Federal Regulation §206.202(c) Application Procedures and did not provide sufficient justification for the delay in filing the RPA as required by §206.202(f)(2) Exceptions. Furthermore, the operating costs referenced in the request were administrative in nature and not eligible for reimbursement.
Issues: 1. Did the Applicant demonstrate that extenuating circumstances that were beyond its control prevented it from submitting an RPA within a timely manner? 2. Are the requested costs of staffing the licensing center eligible for reimbursement?
Finding: 1. No. 2. No.
Rationale: 44 CFR §206.202(c) Application procedures, Request for Public Assistance, and FEMA Public Assistance Guide/ FEMA 322, page 54