Highways and Transportation Authority
Appeal Brief
Appeal Letter
Citation: FEMA-1247-DR-PR, P.A. ID 000-92030, Highways and Transportation Authority, PWs 11485, 11486, 12360, 14684, 14693, 14633 and 14460.
Cross-reference: Project Documentation, Timeframe for submission of appeals.
Summary: Hurricane Georges struck the Commonwealth of Puerto Rico on September 21, 1998. The Highways and Transportation Authority (Authority) applied for federal assistance for damages its roads and infrastructure sustained from the disaster. FEMA wrote a total of 219 Project Worksheets (PWs) for the Authority. FEMA approved 212 PWs at a cost of $12,311,153, while seven were declared ineligible. Of these seven ineligible PWs, two were written for less than $1,000; one was ineligible because it described damages to private property; two did not include supporting documentation; one described a road that could not be located, and one described work that was done from October 1998 to March 1999, and that had to have gone beyond category A work. The applicant was given adequate time to resolve the discrepancies on these PWs but failed to do so and the projects were declared ineligible. The applicant submitted its Project Completion P-4 report on July 12, 2000, and requested a reconsideration of the seven PWs. The request was treated as a first appeal and denied on August 24, 2000, because it was submitted more than 60 days after receipt of the Governor's Authorized Representative (GAR) letter of February 5, 2000, informing it of the determinations of the PWs. A second appeal dated October 4, 2000, was received by the GAR on January 3, 2001, more than 120 days after the first appeal determination. This appeal is being denied because it was received late.
Issues: Should the second appeal that was received more than 120 days after the first appeal determination be considered?
Findings: No. The applicant submitted appeals after the regulatory 60-day deadline.
Rationale: 44 CFR 206.206.
May 8, 2001
Mr. Carlos Irizarry
State Public Assistance Officer
Office of the Governor's Authorized Representative
Government of Puerto Rico
Post Office Box 9021812
San Juan, Puerto Rico 00902
Re: Second Appeal - Highways and Transportation Authority, PA ID 000-92030, Road Repair, FEMA-1247-DR-PR, PWs 11485, 11486, 12360, 14684, 14693, 14633 and 14460.
Dear Mr. Irizarry:
This is in response to your January 24, 2001, letter forwarding the referenced appeal from the Highways and Transportation Authority. The applicant is appealing the Federal Emergency Management Agency's (FEMA's) determination that Project Worksheets (PWs) 11485, 11486, 12360, 14684, 14693, 14633 and 14660 were ineligible for federal funding. The second appeal, which was dated October 4, 2000, was received in your office on January 3, 2001.
In the aftermath of Hurricane Georges, which struck the Commonwealth on September 21, 1998, the Highways and Transportation Authority applied for disaster assistance to repair damages to its roads and infrastructure. FEMA wrote 219 PWs for the Highways and Transportation Authority to repair its damaged roads. FEMA approved 212 of these PWs at a cost of $12,311,153, seven were written and subsquently declared ineligible immediately or withheld awaiting documentation from the applicant. All seven PWs were eventually determined to be ineligible.
In a letter dated February 5, 2000, the Governor's Authorized Representative (GAR) notified the applicant of the results of various supplements processed by FEMA in the previous months. The applicant was informed at that time that the seven PWs that are the subject of this appeal were ineligible. PWs 14684 and 14693 were declared ineligible pursuant to 44 CFR 206.202 (d) (2) because the costs presented by the applicant were less that $1,000; PWs 11485 and 12360 were declared ineligible because documentation was not provided by the applicant at the inspection; PW 11486 described damages on private property that was not eligible; the road described in PW 14633 could not be located; and PW 14660 described work done from October 1998 through March 1999. Because of the extended time frame, FEMA deduced that the work went beyond Category A and the applicant provided no documentation to resolve this PW. In spite of FEMA personnel working with the applicant to rectify these omissions, the PWs remained on hold and were declared ineligible when the required information was not forthcoming.
On July 12, 2000, the Highways and Transportation Authority submitted its P-4 completion report to the GAR and requested a reconsideration of the seven PWs that were declared ineligible. The State Public Assistance Officer recommended that the appeal not be granted because the applicant did not submit its request within 60 days of the GAR's February 25, 2000, notification of FEMA's ineligible determination. FEMA concurred and denied the request in an August 24, 2000, letter addressed to the GAR.
I have reviewed this second appeal package, including the recommendations of the GAR. While dated October 4, 2000, the appeal was not received in the GAR's office until January 3, 2001, more than 120 days after FEMA's August 24, 2000, denial of the first appeal. Pursuant to our regulations, applicants have 60 days from notification of a FEMA determination to appeal that determination. I am, therefore, denying this appeal because the applicant submitted both the first appeal and the second appeal later than the regulatory timeframe allowed for appeals.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Appeal Brief
| Disaster | FEMA-1247-DR |
| Applicant | Highways and Transportation Authority |
| Appeal Type | Second |
| PA ID# | 000-92030 |
| PW ID# | 11485, 11486, 12360, 14684, 14693, 14633 |
| Date Signed | 2001-05-08T04:00:00 |
Appeal Letter
May 8, 2001
Mr. Carlos Irizarry
State Public Assistance Officer
Office of the Governor's Authorized Representative
Government of Puerto Rico
Post Office Box 9021812
San Juan, Puerto Rico 00902
Re: Second Appeal - Highways and Transportation Authority, PA ID 000-92030, Road Repair, FEMA-1247-DR-PR, PWs 11485, 11486, 12360, 14684, 14693, 14633 and 14460.
Dear Mr. Irizarry:
This is in response to your January 24, 2001, letter forwarding the referenced appeal from the Highways and Transportation Authority. The applicant is appealing the Federal Emergency Management Agency's (FEMA's) determination that Project Worksheets (PWs) 11485, 11486, 12360, 14684, 14693, 14633 and 14660 were ineligible for federal funding. The second appeal, which was dated October 4, 2000, was received in your office on January 3, 2001.
In the aftermath of Hurricane Georges, which struck the Commonwealth on September 21, 1998, the Highways and Transportation Authority applied for disaster assistance to repair damages to its roads and infrastructure. FEMA wrote 219 PWs for the Highways and Transportation Authority to repair its damaged roads. FEMA approved 212 of these PWs at a cost of $12,311,153, seven were written and subsquently declared ineligible immediately or withheld awaiting documentation from the applicant. All seven PWs were eventually determined to be ineligible.
In a letter dated February 5, 2000, the Governor's Authorized Representative (GAR) notified the applicant of the results of various supplements processed by FEMA in the previous months. The applicant was informed at that time that the seven PWs that are the subject of this appeal were ineligible. PWs 14684 and 14693 were declared ineligible pursuant to 44 CFR 206.202 (d) (2) because the costs presented by the applicant were less that $1,000; PWs 11485 and 12360 were declared ineligible because documentation was not provided by the applicant at the inspection; PW 11486 described damages on private property that was not eligible; the road described in PW 14633 could not be located; and PW 14660 described work done from October 1998 through March 1999. Because of the extended time frame, FEMA deduced that the work went beyond Category A and the applicant provided no documentation to resolve this PW. In spite of FEMA personnel working with the applicant to rectify these omissions, the PWs remained on hold and were declared ineligible when the required information was not forthcoming.
On July 12, 2000, the Highways and Transportation Authority submitted its P-4 completion report to the GAR and requested a reconsideration of the seven PWs that were declared ineligible. The State Public Assistance Officer recommended that the appeal not be granted because the applicant did not submit its request within 60 days of the GAR's February 25, 2000, notification of FEMA's ineligible determination. FEMA concurred and denied the request in an August 24, 2000, letter addressed to the GAR.
I have reviewed this second appeal package, including the recommendations of the GAR. While dated October 4, 2000, the appeal was not received in the GAR's office until January 3, 2001, more than 120 days after FEMA's August 24, 2000, denial of the first appeal. Pursuant to our regulations, applicants have 60 days from notification of a FEMA determination to appeal that determination. I am, therefore, denying this appeal because the applicant submitted both the first appeal and the second appeal later than the regulatory timeframe allowed for appeals.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
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