Citation: FEMA-4046-DR-CT Request for Public Assistance, (RPA)
Reference: Request for Public Assistance
Summary: On November 17, 2011, the President declared major disaster FEMA-4046-DR-CT as a result of severe storms that occurred October 29-30, 2011. The deadline for submitting Requests for Public Assistance was December 17, 2011. Avery Heights submitted an RPA on January 18, 2012, 32 days past the RPA submission deadline. On February 3, 2012, FEMA denied Avery Heights’ request to extend time limits for the submission of a RPA because it was determined Avery Heights did not demonstrate extenuating circumstances to justify the extension under 44 CFR §206.202(c). In the first appeal, Avery Heights asserted that it submitted its RPA after the deadline as that was when the insurance company notified it the relevant expenses would not be covered by its policy, and this constituted extenuating circumstances, and that they were not notified of the RPA deadline until after it had passed. The Regional Administrator denied the appeal stating Avery Heights had not justified an extension of the time limit for submitting a RPA under 44 CFR §206.202(f)(2) Application procedures, Exceptions by demonstrating extenuating circumstances beyond the control of the applicant. The Regional Administrator’s letter stated, “an applicant such as Avery Heights bears some responsibility to conduct some level of outreach following a Stafford Act declaration to determine the existence of any available assistance.” Further, the Regional Administrator advised the State that based on similar appeals from previous disasters the State should “amplify and augment its future outreach efforts following a Stafford Act declaration to ensure it meets its regulatory responsibilities.” Additionally, FEMA advised the State that it would “scrutinize future requests for RPA extensions by non-profit organizations submitted after the 30 day deadline.”
Issues: 1. Did Avery Heights submit an RPA within the regulatory deadline?
2. Did Avery Heights demonstrate extenuating circumstances?
Findings: 1. No.
Rationale: 44 CFR §206.202(c) Time Limitations