Appeal Timeliness
Appeal Brief
| Disaster | 4395 |
| Applicant | County of Hawaii, Department of Water Supply |
| Appeal Type | Second |
| PA ID# | 001-UVKJ8-00 |
| PW ID# | GMP 72722 |
| Date Signed | 2022-09-06T16:00:00 |
N/A
Appeal Letter
Mr. Luke P. Meyers
Administrator of Emergency Management
Hawaii Emergency Management Agency
Department of Defense
3949 Diamond Head Road
Honolulu, Hawaii 96816-4495
|
Re: |
Second Appeal – County of Hawaii, Department of Water Supply, PA ID: 001-UVKJ8-00, FEMA-4395-DR-HI, Grants Manager Project 72722 – Appeal Timeliness |
Dear Mr. Meyers:
This is in response to your letter dated August 2, 2022, which transmitted the referenced second appeal on behalf of the County of Hawaii, Department of Water Supply (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $271,325.33 in costs pertaining to the repair of erosion and damages in the area of an ongoing construction project.
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. Recipients must then review and forward appeals within 60 days after receipt of the appeal from the applicant. According to the administrative record, the Applicant filed its first appeal on September 24, 2020. However, the Hawaii Emergency Management Agency did not transmit the appeal to FEMA until December 14, 2020. This was after the 60-day timeframe required by FEMA’s regulations, making the 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: Robert Fenton
Regional Administrator
FEMA Region IX