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Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1731-DR
ApplicantCalifornia Department of Veterans Affairs
Appeal TypeSecond
PA ID#xxx-xxxxx
PW ID#xx
Date Signed2009-01-13T05:00:00

Citation:

FEMA-1731-DR-CA, California Department of Veterans-
 

Summary:

In the wake of October 2007 Southern California Wildfires, the California Department of Veterans Affairs (CDVA) submitted a Request for Public Assistance (RPA) on January 15, 2008, 22 days after the established deadline of December 24, 2007. The Deputy Regional Administrator denied the first appeal on May 8, 2008, because the RPA was not submitted within the regulatory timeframe and there wasn’t an indication of extenuating circumstances beyond CDVA’s 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, CDVA states OES and FEMA are obliged to disseminate information in a clear and concise manner, and CDVA should not be penalized since OES and FEMA did not inform it of the deadline.

In a letter dated August 15, 2008, OES did not support CDVA’s claim of the failure to be informed of a deadline. OES maintains that this would not constitute an extenuating circumstance.
 

Issues:

1. Did CDVA submit its RPA within the established deadline?
2. Were there extenuating circumstances for a late RPA?
 

Findings:

1. No.

2. No.
 

Rationale:

44 CFR §206.202(f)(2)

Appeal Letter

January 13, 2009

Frank McCarton
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95665

RE: Second Appeal–California Department of Veteran’s Affairs, Veterans Home of
California, Chula Vista, Request for Public Assistance, FEMA-1731-DR-CA

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 Security’s Federal Emergency Management Agency’s (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 California’s Governor’s 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 CDVA’s 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.

Sincerely,

/s/

Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
Region IX