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Second Appeal Brief
PA ID# 099-54025-00; Area Agency on Aging Palm Beach\Treasure Coast, Inc.
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1785-DR-FL, 3288-EM-FL Request for Public Assistance, (RPA)
Reference: Request for Public Assistance
Summary: On March 19, 2009, FEMA denied the Applicant’s Request for Public Assistance because the Applicant advocates for services on behalf of seniors and that is an ineligible activity under Disaster Assistance Policy 9521.3, Private Nonprofit (PNP) Facility Eligibility. In the first appeal, the Applicant asserted that it also provided indirect health and medical services. These services are also ineligible under Disaster Assistance Policy 9521.3, Private Nonprofit (PNP) Facility Eligibility. Therefore the Regional Administrator sustained FEMA’s initial decision on April 14, 2011, finding that the Applicant did not meet the definition of a PNP in accordance with 44 CFR §206.221 (e). For the second appeal, the Applicant retained the Legal Aid Society of Palm Beach County Inc., (Legal Aid). Legal Aid submitted the second appeal changing the argument asserting that the Applicant’s facility was a community center. Legal Aid provided a list of services and programs the Applicant provides at its facility. Again, the Applicant’s charter and bylaws show that it is ineligible for Public Assistance funding. In addition, the Applicant did not provide any source documentation of the services or programs it provides or document that over 50 percent of its facility is used for eligible private nonprofit or community center activities in accordance with Disaster Assistance Policy 9521.1, Community Center Eligibility. The State asserted that under State law the Applicant is an eligible PNP and if FEMA balanced the equities it would find the Applicant to be an eligible entity.
Issue: 1. Is the Applicant eligible to receive Public Assistance funding?
Findings: 1. No.
Rationale: 44 CFR § 206.221 (e), Disaster Assistance Policies 9521.1, Community Center Eligibility and 9521.3, Private Nonprofit (PNP) Facility Eligibility