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Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-4046-DR
ApplicantChurch Homes, Inc. Congregational (Avery Heights) Hartford, CT
Appeal TypeSecond
PA ID#xxx-xxxxx-xx
PW ID#N/A
Date Signed2012-08-24T04:00:00

Citation:         FEMA-4046-DR-CT Request for Public Assistance, (RPA)

Cross- 

Reference:      Request for Public Assistance

Summary:       On November 17, 2011, the President declared major disaster FEMA-4046-DR-CT as a result of severe storms that occurred October 29-30, 2011.  The deadline for submitting Requests for Public Assistance was December 17, 2011.  Avery Heights submitted an RPA on January 18, 2012, 32 days past the RPA submission deadline.  On February 3, 2012, FEMA denied Avery Heights’ request to extend time limits for the submission of a RPA because it was determined Avery Heights did not demonstrate extenuating circumstances to justify the extension under 44 CFR §206.202(c).  In the first appeal, Avery Heights asserted that it submitted its RPA after the deadline as that was when the insurance company notified it the relevant expenses would not be covered by its policy, and this constituted extenuating circumstances, and that they were not notified of the RPA deadline until after it had passed.  The Regional Administrator denied the appeal stating Avery Heights had not justified an extension of the time limit for submitting a RPA under 44 CFR §206.202(f)(2) Application procedures, Exceptions by demonstrating extenuating circumstances beyond the control of the applicant.  The Regional Administrator’s letter stated, “an applicant such as Avery Heights bears some responsibility to conduct some level of outreach following a Stafford Act declaration to determine the existence of any available assistance.”  Further, the Regional Administrator advised the State that based on similar appeals from previous disasters the State should “amplify and augment its future outreach efforts following a Stafford Act declaration to ensure it meets its regulatory responsibilities.”  Additionally, FEMA advised the State that it would “scrutinize future requests for RPA extensions by non-profit organizations submitted after the 30 day deadline.”

Issues:            1.  Did Avery Heights submit an RPA within the regulatory deadline?

                        2.  Did Avery Heights demonstrate extenuating circumstances?

Findings:         1.  No.

                        2.  No.

Rationale:       44 CFR §206.202(c) Time Limitations

 

Appeal Letter

August 24, 2012

William J. Hackett

Director

Division of Emergency Management & Homeland Security

Department of Emergency Services & Public Protection

25 Sigourney Street, 6th floor

Hartford, CT 06106

Re:   Second Appeal – Church Homes, Inc. Congregational (Avery Heights), Denial of Request for Public Assistance (RPA), FEMA-4046-DR-CT

Dear Mr. Hackett:

This letter is in response to a letter from your office dated May 2, 2012, which transmitted the referenced second appeal on behalf of the Church Homes, Inc. Congregational (Avery Heights).  Avery Heights is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny its request for an extension of time limits for submitting a Request for Public Assistance (RPA).

Background

On November 17, 2011, the President declared major disaster FEMA-4046-DR-CT for the State of Connecticut as the result of a severe storm occurring October 29-30, 2011.  Under FEMA regulations (44 CFR §206.202(c), Request for Public Assistance), RPAs must be submitted within 30 days after the designation of an area for Federal disaster assistance.  The regulatory deadline for submitting RPAs for the disaster in Connecticut was December 17, 2011.  On January 18, 2012, Avery Heights submitted its RPA to theConnecticut Department of Emergency Services and Public Protection (State), 32 days after the regulatory deadline.  Avery Heights stated it was late in submitting the RPA because it did not receive notification of the due date from the State.  In addition, it expected that insurance would cover its costs for debris removal and generator repair, but later learned its policy did not provide coverage for these expenses.  The State submitted the RPA to FEMA on January 30, 2012, requesting an extension to the deadline for submitting RPAs.  On February 3, 2012, the Federal Coordinating Officer denied the State’s request and did not accept the RPA, because the evidence did not show extenuating circumstances beyond the State’s or Avery Heights’s control as required by 44 CFR §206.202(c) Time Limitations.

First Appeal

Avery Heights submitted a first appeal on March 15, 2012, stating that it believed its insurance policy would cover the disaster related expenses, that it received notice from the insurance company that the expenses were “non-coverable” on January 16, 2012, and requesting FEMA to reconsider the denial of the RPA.  In a letter dated March 22, 2012, the State supported the appeal asserting that Avery Heights demonstrated extenuating circumstances.  On April 3, 2012, the Regional Administrator denied Avery Heights’ RPA because it was not submitted within the regulatory timeframe and further that Avery Heights did not provide “sufficient justification” that there were extenuating circumstances beyond its control.  The Regional Administrator noted that Avery Heights chose not to apply for Public Assistance because it fully expected to receive insurance compensation.  This was a decision fully within Avery Heights’s control.  The Regional Administrator also noted that the State had not informed FEMA whether or not it notified Avery Heights of the RPA submission deadline.

Second Appeal

In the second appeal dated April 23, 2012, Avery Heights asserts that in addition to the belief that its insurance policy would cover the expenses, it did not receive notification of the RPA submission deadline until January 6, 2012.  Avery Heights believes the delayed notification constitutes extenuating circumstances, and requests FEMA reconsider its decision.  The State’s letter transmitting the second appeal dated May 2, 2012 asserts the position that Avery Heights has demonstrated extenuating circumstances, and cited Robert T. Stafford Disaster Relief and Emergency Assistance Act Section 101(a)(2), (42 U.S.C. § 5121(a)(2)) Congressional Findings and Declarations as a justification for extending the deadline for submission.  The State argues that this Section of the Stafford Act describes the intent to provide Federal assistance and that this assistance should not be denied to an otherwise eligible applicant based solely on a technicality.

Discussion

FEMA regulations (44 CFR §206.202(f)(2), Time limitations) allow the Regional Administrator to extend the RPA submission deadline when there are extenuating circumstances beyond the State or applicant’s control.  Avery Heights’s appeal states that it was not informed of the December 17, 2012, RPA deadline or the scheduled Applicants briefing until January 6, 2012.  While the documentation does indicate a breakdown in communication between the State and Avery Heights, it does not constitute circumstances beyond either entity’s control.  Prior to the submission deadline, FEMA and the State issued multiple public notices advising potential applicants to submit their RPAs.  In addition, the expectation of insurance coverage does not constitute extenuating circumstances.  The potential availability of insurance proceeds did not interfere with Avery Heights’s ability to submit an RPA.

Conclusion

I have reviewed the information submitted with the appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy.  Accordingly, I am denying the second appeal.

Please inform Avery Heights of my decision.  My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206, Appeals.

Sincerely,

/s/

Deborah Ingram

Assistant Administrator

Recovery Directorate

cc:  Don R. Boyce

       Regional Administrator

       FEMA Region I