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Request for Public Assistance

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

DisasterFEMA-1548-DR
ApplicantLouisiana Sate University of Alexandria
Appeal TypeSecond
PA ID#000-UICKQ-00
PW ID#N/A
Date Signed2005-08-19T04:00:00
Citation: FEMA-1548-DR-LA; Louisiana State University of Alexandria; Request for Public Assistance

Cross-reference: Request for Public Assistance Deadline

Summary: As a result of Hurricane Ivan on September 15, 2004, the Louisiana State University of Alexandria (Applicant) allowed the Department of Health and Hospitals, Office of Public Health to operate a Special Needs Shelter for several days in their facility. The Department of Health originally informed the Applicant that FEMA funding would be filed through their office. The Applicant collected all of their documentation of funding needs, and forwarded them to the Department of Health on October 5, 2004. On October 14th, the Department of Health informed the Applicant that they would have to file directly to FEMA instead, noting that there was a six-month deadline for FEMA funding requests. On January 4, 2005, the Applicant started to investigate the FEMA funding process, and discovered that the deadline for Requests for Public Assistance was actually just 30 days after the declared disaster. The Applicant immediately sent an appeal to the State, which was then denied by the Region. The Applicant sent a second appeal on March 8, 2005, indicating that they had attempted to respond in a timely manner but that they were misinformed of the correct timelines.

Issues: (1) Can the Applicant submit a Request for Funding after the 30-day deadline?

Findings: (1) Yes. The Applicant tried to submit the proper paper work on time, but was misinformed. Under these extenuating circumstances beyond the Applicant’s control, an exception will be granted.

Rationale: 44 CFR §206.202 (f)(2)

Appeal Letter

August 19, 2005

Arthur G. Jones
Disaster Recovery Division Chief
Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard,
Baton Rouge, Louisiana 70806

Re: Second Appeal – Louisiana State University of Alexandria,
PA ID #000-UICKQ-000, Request for Public Assistance,
FEMA-1548-DR-LA

Dear Mr. Jones:

This letter is in response to the referenced second appeal transmitted by your letter dated May 12, 2005. In their appeal, the Louisiana State University of Alexandria (Applicant) requested that their Request for Public Assistance be accepted after the 30-day deadline.

As explained in the enclosed analysis and based on a review of the appeal documentation, I have concluded extenuating circumstances beyond the Applicant’s control justify allowing the Applicant to submit its Request for Public Assistance to the Regional Director for consideration. Upon acceptance of the Request, the Regional Director will then review the Applicant’s request for funding of costs associated with the operation of the Special Needs Shelter. The applicant’s appeal is granted.

Please inform the Applicant of my decision. My determination constitutes a final decision of this matter pursuant to 44 CFR § 206.206.

Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response

Enclosure

cc: Gary Jones
Acting Regional Director
FEMA, Region VI

Appeal Analysis

BACKGROUND

As a result of Hurricane Ivan on September 15, 2004 (FEMA-1548-DR-LA), Louisiana State University of Alexandria (Applicant) allowed the Department of Health and Hospitals, Office of Public Health to operate a Special Needs Shelter in their facility for several days.

The Department of Health originally informed the Applicant that requests for FEMA funding would be filed through their office as they would be considered the responsible state agency for requesting reimbursement for the associated costs. The Applicant collected all of their documentation of funding needs, and forwarded the documents to the Department of Health on October 5, 2004. On October 14th, the Department of Health informed the Applicant that as a state agency themselves, they would have to file for reimbursement for their own costs. The Department of Health also indicated that there was a six-month deadline for FEMA funding requests.

On January 4, 2005, almost four months after the declaration, the Applicant started to investigate the FEMA funding process, and discovered that the deadline for Requests for Public Assistance was actually just 30 days after the disaster declaration, not six months as indicated by the Department of Health.

First Appeal

Upon understanding that their Request for Public Assistance was well beyond the submittal deadline, the Applicant immediately submitted a request for funding to cover the additional cost to the Louisiana Office of Homeland Security and Emergency Preparedness (State). The State transmitted this request to the Regional Director in a letter dated January 6, 2005. This request was then considered the Applicant’s first appeal.

The Acting Regional Director denied the appeal for funds in a letter dated January 21, 2005, maintaining that the deadline for Request for Public Assistance had passed, therefore the Applicant was ineligible for FEMA funding.

Second Appeal

The Applicant submitted a second appeal of FEMA’s determination to the State on March 8, 2005. The Applicant maintained that they learned about the proper procedures after the FEMA deadline. The State transmitted and supported the Applicant’s appeal in a letter dated April 26, 2005.

DISCUSSION

The Applicant is requesting reconsideration for submission of their Request for Public Assistance so that they may be reimbursed for costs associated with the operation of a Special Needs Shelter in their facility.

Based on a review of the information provided with the second appeal, it is understood that the Applicant responded in a timely fashion in order to comply with FEMA requirements, but was unfortunately misinformed of correct deadlines by the Department of Health through a series of phone and other verbal communications. Under these circumstances, it is reasonable to allow the Applicant to submit their Request for Public Assistance to the Regional Director for consideration.

CONCLUSION

Based on a review of the information provided in the Applicant’s second appeal, we have concluded that it is reasonable to allow the Applicant to submit their Request for Public Assistance to the Regional Director for consideration. Upon acceptance of the Request, the Regional Director will then review the Applicant’s request for funding of costs associated with the operation of the Special Needs Shelter. The applicant’s appeal is granted.