Appeal Timeliness
Appeal Brief
| Disaster | 4337 |
| Applicant | Seminole County |
| Appeal Type | Second |
| PA ID# | 117-99117-00 |
| PW ID# | PW 8451 |
| Date Signed | 2022-08-08T16:00:00 |
N/A
Appeal Letter
Kevin Guthrie
Director
Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
|
Re: |
Second Appeal – Seminole County, PA ID: 117-99117-00, FEMA-4337-DR-FL, Project Worksheet 8451 – Appeal Timeliness |
Dear Mr. Guthrie:
This is in response to a letter from your office dated June 22, 2022, which transmitted the referenced second appeal on behalf of Seminole County (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $410,639.18 in costs pertaining to repairs to various facilities.
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 administrative record, the Applicant received notice of the partial approval of assistance by way of a Determination Memorandum on January 27, 2020. However, it did not submit its first appeal until June 4, 2021. This was after the 60-day timeframe required by FEMA’s regulations, making the Applicant’s first appeal untimely. Therefore, this appeal is denied.
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,
/S/
Ana Montero
Division Director
Public Assistance Division
cc: Gracia Szczech
Regional Administrator
FEMA Region IV