|Applicant||Kanawha County Ambulance|
|PW ID#||GMP 172107|
Director, West Virginia Department of Homeland Security Emergency Management Division
2403 Fairlawn Avenue
Dunbar, WV 25064
Second Appeal – Kanawha County Ambulance, PA ID 039-00198-00, FEMA-4517-DR-WV- Grants Manager Project # 172107 – Appeals
Dear Director McCabe:
This is in response to a letter from your office dated March 9, 2022, which transmitted the referenced second appeal on behalf of Kanawha County Ambulance (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $297,297.60 in costs pertaining to its “Chase Car” program.
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 (44 C.F.R.), 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 FEMA’s denial of Public Assistance funding by way of a Determination Memorandum on August 9, 2021. However, it did not submit its first appeal until October 12, 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.
Public Assistance Director
cc: Mary Ann Tierney
FEMA Region III