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Second Appeal Brief
PA ID# 000-URY5G-00; Sanford Health
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1907-DR-ND, Sanford Health, Request for Public Assistance
Reference: Request for Public Assistance (RPA), Time Limitations
Summary: Major disaster declaration FEMA-1907-DR-ND was declared on April 30, 2010, as a result of severe spring flooding. Sanford Health (Applicant), formerly known as MeritCare Health System under FEMA-1829-DR-ND, submitted a Request for Public Assistance (Request) to the North Dakota Department of Emergency Services (Grantee) on December 13, 2010, more than seven months after the disaster declaration. The Applicant claims to have incurred $98,510 in emergency work costs and submitted a Category B - Project Worksheet along with the Request. The FEMA Regional Administrator denied the Applicant’s first appeal stating that the Request exceeded the 30-day time limit for filing a Request as codified in Title 44 Code of Federal Regulations (44 CFR) §206.202(c), Application procedures, Request for Public Assistance (Request). In the second appeal, the Applicant concedes that the Request was not filed before the deadline, but argues that FEMA should grant the Applicant a time extension based on extenuating circumstances as provided for in 44 CFR §206.202(f)(2), Application procedures, Exceptions. The Applicant states that the failure to submit the Request in a timely manner was an oversight that resulted from not only the magnitude of the disaster but from complications in the merger of MeritCare Health System and Sanford Health before, during, and after the disaster. In support of its claim, the Applicant notes that FEMA has granted time extensions for other applicants in the past.
Issues: Did the Applicant demonstrate that extenuating circumstances beyond its control warrant waiving the 30 day time limitation for submitting a Request?
Rationale: 44 CFR§ 206.202(c), Application procedures, Request for Public Assistance (Request)