Application Procedures

Appeal Brief

Summary Paragraph

The COVID-19 pandemic resulted in a major disaster declaration for the state of Texas on March 25, 2020, with an incident period of January 20, 2020 through May 11, 2023. FEMA established a programmatic deadline for Request for Public Assistance (RPA) submissions of July 1, 2022. The Applicant requested Public Assistance funding, through the Texas Division of Emergency Management (Recipient), in December 2022, requesting an extension for its late RPA submission. FEMA denied the request, which the Applicant appealed, arguing that it was unaware of available funding and that it was affected by COVID-19 related staffing shortages and other issues, which constituted extenuating circumstances justifying late submission of the RPA. The Recipient forwarded the Applicant’s appeal, with its support, arguing that the Applicant’s situation should be found to be an extenuating circumstance allowing late submission of the RPA. The FEMA Region 6 Regional Administrator found that the Applicant did not demonstrate extenuating circumstances beyond its control prevented timely submission of the RPA and denied the appeal. The Applicant submits its second appeal, reiterating prior arguments, and the Recipient forwards the appeal to FEMA with its support. 

 Authorities

• 44 C.F.R. §§ 206.202(b-c), 206.202(f)(2). 
• PAPPG, at 130. 
• FP 104-202-0002, at 1-2.
• City of Glenn Heights, FEMA-4586-DR-TX, at 2. 
• Kapoho Kai Water Ass’n, FEMA-4366-DR-HI, at 2-3. 

Headnotes

• FEMA established programmatic deadlines across all COVID-19 declarations, stating that RPAs must be submitted to FEMA no later than July 1, 2022. However, FEMA has authority to extend the RPA deadline when the request is justified based on extenuating circumstances beyond the applicant’s or the recipient’s control. 
  • The Applicant began COVID-19-related work in 2021. Therefore, it does not meet the criteria set forth in the example contained in the COVID-19 policy’s example, which states an extenuating circumstance may include an applicant who did not anticipate conducting COVID-19 work and did not conduct work until after July 1, 2022. Further, the Applicant’s generalized descriptions of staff shortages and increased workload do not constitute extenuating circumstances beyond the Applicant’s control to justify a time extension. In addition, the Applicant's lack knowledge and lack of understanding of the PA program are also not extenuating circumstances to justify a time extension.

Conclusion

The Applicant did not submit the RPA within the programmatic deadline, and neither the Applicant nor the Recipient demonstrated an extenuating circumstance beyond either’s control to justify extending the RPA deadline. Therefore, this appeal is denied.

Appeal Letter

Appeal Analysis

Background

The coronavirus (COVID-19) pandemic caused a major disaster to be declared for the state of Texas on March 25, 2020, with an incident period of January 20, 2020 through May 11, 2023. FEMA established programmatic deadlines across all COVID-19 declarations, stating that all Requests for Public Assistance (RPAs) must be submitted to FEMA no later than July 1, 2022.[1] On December 8, 2022, Tri County Emergency Medical Services, Inc. (Applicant) submitted a request to submit a late RPA. In the request, the Applicant stated that it had just recently became aware of available funding and had been in full COVID-19 operations mode with its sole focus on emergency medical services’ responses and patient care. The Texas Division of Emergency Management (Recipient) forwarded this request to FEMA on December 15, 2022, with its support. On February 2, 2023, FEMA denied the request. FEMA stated that the RPA deadline was July 1, 2022 and noted that the Applicant not being aware of the Public Assistance (PA) program, application process, or deadlines was not considered an extenuating circumstance beyond the Applicant’s control to cause FEMA to extend the deadline. 

First Appeal 

The Applicant submitted a first appeal in a letter dated March 27, 2023. The Applicant stated that it was unaware of available funding and that extenuating circumstances prevented it from timely submitting its RPA. Specifically, the Applicant argued staff shortages and turnover due to COVID-19, an increase in 911 call volume, and not anticipating continuing COVID-19 work resulted in the late submission. The Recipient forwarded the Applicant’s appeal, with its support, on March 31, 2023. The Recipient referred to FEMA’s COVID-19 Programmatic Deadlines Policy, which states, “[a]n example of an extenuating circumstances that may justify a time extension for RPA submittal is if an Applicant did not anticipate conducting any COVID-19 work and did not conduct work until after July 1, 2022.”[2]

On July 21, 2023, the FEMA Region 6 Regional Administrator (RA) denied the appeal. FEMA found that neither the Recipient nor the Applicant demonstrated that extenuating circumstances beyond either’s control prevented timely submission of the RPA and denied the appeal. FEMA noted that the Applicant’s request did not constitute an extenuating circumstance as referenced in the COVID-19 Programmatic Deadlines Policy, as the Applicant did not show it began COVID-19 related work after July 1, 2022, nor did it show it did not anticipate conducting COVID-19 work. FEMA also found that the staff shortages and increased workload were not extenuating circumstances beyond the Applicant’s control to justify a time extension of the RPA deadline. 

Second Appeal

On September 18, 2023, the Applicant submitted a second appeal. The Applicant reiterated prior arguments and provided documentation, including staffing schedules, COVID-19 clinic dates, and activity logs, demonstrating the Applicant began what it classifies as COVID-19 work in 2021. The Recipient forwarded the Applicant’s appeal to FEMA in a letter dated September 19, 2023, with its support. 

Discussion

If an applicant wishes to seek PA funding, it must submit an RPA to FEMA, through the recipient, in accordance with the applicable deadline.[3] For the COVID-19 pandemic, FEMA issued the COVID-19 Programmatic Deadlines Policy to establish PA programmatic deadlines across all COVID-19 declarations.[4] This policy requires that applicants and recipients submit all RPAs to FEMA no later than July 1, 2022.[5] However, FEMA has authority to extend the RPA deadline when the request is justified based on extenuating circumstances beyond the applicant’s or the recipient’s control.[6] An example of an extenuating circumstance that may justify a time extension for RPA submittal is if an applicant did not anticipate conducting any COVID-19 work and did not conduct work until after July 1, 2022.[7] Recipients are responsible for providing technical advice and assistance to all eligible applicants, ensuring all potential applicants are aware of available PA, and submitting documents necessary for the award of grants.[8]

The Applicant submitted the late RPA to the Recipient in December 2022, and the Recipient forwarded it to FEMA the same month, five months after the July 1, 2022 deadline. Here, the Applicant cites to the example stated above, set forth in the COVID-19 Programmatic Deadlines Policy, to support its time extension request. However, the Applicant does not meet the criteria of that example. Specifically, the Applicant began COVID-19-related work in 2021, substantially before July 1, 2022. Further, the Applicant’s generalized descriptions of staff shortages and increased workload do not constitute extenuating circumstances beyond the Applicant’s control to justify a time extension.[9] Moreover, the Applicant’s argument regarding lack of awareness of PA funding is also not persuasive. It is the responsibility of the Recipient to notify potential applicants of available funding. The Applicant’s lack of knowledge and lack of understanding of the PA program are not circumstances outside of the Applicant’s or the Recipient’s control.[10] Accordingly, the Applicant has not demonstrated the presence of an extenuating circumstance beyond either the Recipient’s or the Applicant’s control to justify the late submission of its RPA.

Conclusion

The Applicant did not submit the RPA within the programmatic deadline, and neither the Applicant nor the Recipient demonstrated an extenuating circumstance beyond either’s control to justify extending the RPA deadline. Therefore, this appeal is denied.