Appeal Timeliness
Appeal Brief
| Disaster | 4332 |
| Applicant | Galveston Arts Center, Inc. |
| Appeal Type | Second |
| PA ID# | 167-U2QFL-00 |
| PW ID# | PW 3082 |
| Date Signed | 2019-12-09T00:00:00 |
N/A
Appeal Letter
W. Nim Kidd, MPA, CEM
Chief, Texas Division of Emergency Management
Vice Chancellor – The Texas A&M University System
PO Box 4087
Austin, TX 78773-0220
Re: | Second Appeal – Galveston Arts Center, Inc., PA ID: 167-U2QFL-00, FEMA-4332-DR-TX, Project Worksheet 3082 – Appeal Timeliness |
Dear Chief Kidd,
This is in response to a letter from your office dated October 29, 2019, which transmitted the referenced second appeal on behalf of Galveston Arts Center, Inc. (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $7,088.82 in costs pertaining to the Applicant’s claimed compensatory time for emergency protective measures.
Section 423(a) of the Stafford Act provides that any decision regarding eligibility for assistance may be appealed within 60 days after the date on which the applicant is notified of the award or denial of assistance. Implementing this provision, Title 44 of the Code of Federal Regulations, section 206.206(c), requires that Applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed.
According to the documentation provided, the Applicant received notice of the first appeal decision by certified mail on July 24, 2019. However, it did not submit its second appeal until October 9, 2019. This was after the 60-day timeframe required by FEMA’s regulations, making the Applicant’s second appeal untimely. For this reason, I am denying this appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.
Sincerely,
Tod Wells
Acting Director
Public Assistance Division
cc: | George A. Robinson Regional Administrator FEMA Region VI |