Twitchell Island
Appeal Brief
Appeal Letter
N/A
Appeal Brief
| Disaster | FEMA-0677-DR |
| Applicant | Reclamation District No. 1601 |
| Appeal Type | Second |
| PA ID# | 000-92129 |
| PW ID# | N/A |
| Date Signed | 1999-01-04T05:00:00 |
Appeal Letter
January 4, 1999
Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
P.O. Box 419023
Rancho Cordova, CA 95741-9023
Dear Ms. Ward:
This letter is in response to your November 12, 1998, submittal of Reclamation District No. 1601, Twitchell Island's (subgrantee's) second appeal of the Federal Emergency Management Agency's (FEMA's) Audit Review Determination under FEMA-677-DR-CA. The subgrantee is appealing our reduction in funding based on the State Controller's Audit Report.
As stated in FEMA's first appeal response, pursuant to Section 205.121(a) of Title 44 of the Code of Federal Regulations (44 CFR), the governing regulation in place at the time of the determination, the subgrantee may request your office to submit an appeal to our office for reconsideration of any determination that we have made. The subgrantee's written request must be made within 60 days of the date of receipt of the determination being appealed. In this situation, the subgrantee received our determination on April 21, 1994. The subgrantee, therefore, was required to respond to our determination by June 21, 1994. Within this time frame, they requested a 90-day time extension. However, we have received no documentation to show whether or not this time extension was granted. Furthermore, if your office granted the time extension, the subgrantee would have been required to submit their appeal by September 21, 1994. The subgrantee submitted their appeal more than one year after this deadline had passed. In its second appeal, the subgrantee has not provided any additional documentation to justify an exception to the established deadline. Therefore, I have found no basis to overturn the first appeal determination. Accordingly, the second appeal is denied.
Please inform the subgrantee of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision
constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Whetstone
Regional Director
FEMA Region IX
Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
P.O. Box 419023
Rancho Cordova, CA 95741-9023
Dear Ms. Ward:
This letter is in response to your November 12, 1998, submittal of Reclamation District No. 1601, Twitchell Island's (subgrantee's) second appeal of the Federal Emergency Management Agency's (FEMA's) Audit Review Determination under FEMA-677-DR-CA. The subgrantee is appealing our reduction in funding based on the State Controller's Audit Report.
As stated in FEMA's first appeal response, pursuant to Section 205.121(a) of Title 44 of the Code of Federal Regulations (44 CFR), the governing regulation in place at the time of the determination, the subgrantee may request your office to submit an appeal to our office for reconsideration of any determination that we have made. The subgrantee's written request must be made within 60 days of the date of receipt of the determination being appealed. In this situation, the subgrantee received our determination on April 21, 1994. The subgrantee, therefore, was required to respond to our determination by June 21, 1994. Within this time frame, they requested a 90-day time extension. However, we have received no documentation to show whether or not this time extension was granted. Furthermore, if your office granted the time extension, the subgrantee would have been required to submit their appeal by September 21, 1994. The subgrantee submitted their appeal more than one year after this deadline had passed. In its second appeal, the subgrantee has not provided any additional documentation to justify an exception to the established deadline. Therefore, I have found no basis to overturn the first appeal determination. Accordingly, the second appeal is denied.
Please inform the subgrantee of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision
constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Whetstone
Regional Director
FEMA Region IX
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