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Second Appeal Brief
PA ID# 071-UCRUY-00; Redus Kiddie Kampus
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1603-DR-AL, Redus Kiddie Kampus
Reference: Request for Public Assistance (RPA); Private Nonprofit (PNP)
Summary: From November 16, 2010, to October 7, 2011, FEMA accepted new RPAs from faith-based Private Non-profit (PNP) organizations that had not previously applied for Public Assistance under the declarations for Hurricanes Katrina, Rita, and Gustav, and Ike due to extenuating circumstances. The Redus Kiddie Kampus (Applicant) submitted an RPA under FEMA-1603-DR-LA requesting assistance to repair major damage that its facility sustained during Hurricane Katrina in 2005. In December 2011, FEMA determined that the Applicant was not an eligible PNP because it did not hold a PNP tax exemption from the Internal Revenue Service (IRS) and because the Applicant had not filed as a PNP with the Louisiana Secretary of State until February 2011.
The Applicant’s first appeal dated, February 2, 2012, claimed that the Applicant met the PNP requirements prior to August 29, 2005, and requested that FEMA reconsider the Applicant as a PNP entity eligible for reimbursement of the costs to repair disaster-related damage to its facility. In a letter dated June 28, 2012, the FEMA Regional Administrator denied the first appeal because the Applicant did not provide any documentation to substantiate, that on the date of the disaster, it: was licensed or certified as a day-care facility, had an IRS 501(c) tax exempt letter, and was recognized as a PNP under Louisiana State law.
The Applicant maintains, in its second appeal submitted on August 3, 2012, that all applicants’ situations/circumstances are different and do not always fall within the same set of guidelines. As a result, the Applicant requests that FEMA review its second appeal on a case by case basis in order to preserve its right to due process. The Applicant stresses that appeals should not be judged on a single set of guidelines as this type of discrimination could exclude disaster victims; instead, the Applicant requests that its appeal be considered based on the merits of the loss. The Applicant did not submit any new documentation with the second appeal.
Issue: 1. Did the Applicant demonstrate that it meets the criteria for PNP eligibility?
Finding: 1. No.
Rationale: 44 CFR §206.221(f), Definitions, Private nonprofit organization; Recovery Division Policy 9521.3, Private Nonprofit Facility (PNP) Eligibility dated May 23, 2003