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Citation:

FEMA-1491-DR-VA, Sussex Service Authority, Appeal Deadlines

Cross-reference:

Eligible costs

Summary:

Winds from Hurricane Isabel in September 2003, damaged a communications tower and transmitter owned by the Sussex Service Authority (Applicant). On February 12, 2004, FEMA obligated PW 816 for $53,105 in estimated repair costs. Upon completion of the work the Applicant was only able to document $8,751 in costs. Consequently, FEMA deobligated $44,354, the remaining portion of PW 816. On July 26, 2005, the Virginia Department of Emergency Management (VDEM) filed a first appeal on behalf of the Applicant, and provided documents substantiating a total claim of $52,694 ($43,943 of costs in addition to the $8,751 already obligated.) FEMA Region III denied the first appeal on September 13, 2005, because the Applicant had not provided information to relate the documented costs to the approved scope of work on PW 816. In addition, the Region denied the appeal because it had been filed well after the regulatory deadline for appeals. On April 4, 2006, VDEM filed a second appeal on behalf of the Applicant.

Issues:

Did the Applicant file its second appeal within the 60-day deadline required by FEMA’s regulations?

Findings:

No

Rationale:

44 CFR § 206.206(c)