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Second Appeal Brief
PA ID# xxx-xxxxx-xx; Florida Division of Community Colleges
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1679-DR-FL, Florida Division of Community Colleges, Request for Public Assistance
Reference: Request for Public Assistance, Time Limitations
Summary: In February 2007, tornadoes and severe storms struck central Florida, causing widespread damage across Lake, Seminole, Sumter and Volusia Counties. On February 3, 2007, the President declared FEMA-1679-DR-FL for emergency protective measures and debris removal. On February 7, 2007, the declaration was expanded to include Public Assistance Categories C-G. The 30-day regulatory deadline to submit a Request for Public Assistance (Request) was March 9, 2007, as required by 44 CFR §206.202(c), and the Applicant submitted its Request on June 26, 2007, nearly four months after the regulatory deadline. In its first appeal, submitted May 14, 2008, the Florida Division of Emergency Management (Grantee) asserted that the delay was due to the Applicant’s uncertainty regarding its eligibility. In response to the first appeal, the Regional Administrator determined that there were no extenuating circumstances beyond the Applicant’s control and denied the appeal on June 10, 2009. In the second appeal, the Applicant reiterated the claims from the first appeal. In support of the appeal the Grantee states that the Request was filed on-time and that any delays in filing of the appeals were due to miscommunication. Further, the Grantee states that FEMA had determined in response to a second appeal under a prior disaster that the Applicant was eligible to act on behalf of the constituent community colleges.
Issue: Has the Applicant demonstrated that the delay preventing timely submittal of the Request was due to extenuating circumstances beyond its control that justify an extension of five months to the 30-day regulatory deadline?
Rationale: 44 CFR §206.202(c), Request for Public Assistance; and 44 CFR §206.202(f)(2), Exceptions.