Deadline Extension
Appeal Brief
| Disaster | FEMA-1545/15 |
| Applicant | East Beach Water Control District |
| Appeal Type | Second |
| PA ID# | XXX-XXXXX |
| PW ID# | DSR XXX |
| Date Signed | 2006-10-12T04:00:00 |
Citation: FEMA-1545 & 1561-DRs-FL, East Beach Water Control District
Cross-reference: Request for extension of Request for Public Assistance (RPA) Submission Deadline
Summary: Disaster declarations were issued for Hurricanes Frances and Jeanne on September 4 & 26, 2004 respectively. East Beach Water Control District (EBWCD), located in Palm Beach County, Florida, did not submit a RPA within the established deadline.
In its first appeal dated April 11, 2005, EBWCD asserted that it was given erroneous information regarding a deadline extension from a FEMA employee. EBWCD requested reconsideration of its application submission due to this discrepancy. FEMA denied the request on January 18, 2006, stating that EBWCD’s RPA was received after the submission deadline and no extension had been granted.
On February 23, 2006, EBWCD submitted a second appeal. No new information was submitted with the second appeal.
Issues (1) Did FEMA approve an extension to the RPA deadline?
(2) Has EBWCD demonstrated extenuating circumstances justifying the submittal of its RPA after the application period ended?
Findings: (1) No. FEMA did not approve an extension to the RPA deadline.
(2) No. The circumstances identified by EBWCD do not justify an exception to the regulatory time limit for application and identification of damages. The applicant’s representative inquired about an extension two weeks after the deadline had passed.
Rationale: 44 CFR § 206.202 (c) and 206.202 (f)(2)
Appeal Letter
October 12, 2006
Mr. W. Craig Fugate
Governor’s Authorized Representative
Florida Division of Emergency Management
255 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
RE: Second Appeal – East Beach Water Control District, Deadline Extension, FEMA-1545/1561-DR-FL
Dear Mr. Fugate:
This is in response to your letter of March 13, 2006, transmitting the referenced second appeal on behalf of the East Beach Water Control District (EBWCD). The EBWCD is located in Palm Beach County, and was impacted by Hurricanes Francis and Jeanne in late 2004. EBWCD is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA’s) decision not to accept its Request for Public Assistance (RPA) that was submitted after the application deadline.
In its first appeal letter dated April 11, 2005, EBWCD claimed that it was informed by a FEMA representative that the RPA submission deadline was extended through February 28, 2005. Since the deadline for submitting RPAs had not been extended and EBWCD was unable to demonstrate any extenuating circumstances that would justify a late RPA submittal, the Regional Director denied the first appeal by a letter dated January 18, 2006.
In its second appeal, EBWCD asserts that its Applicant’s agent relied on “verbal and written direction from responsible FEMA officials during the period of declaration as to the deadline for making applications for financial assistance.” In support of its second appeal, EBWCD submitted an internal FEMA email which stated that an application deadline extension had been granted.
Mr. Dwight Graydon, a representative for EBWCD, attended the Applicants’ Briefing on October 22, 2004, where the deadline for submitting RPAs was clearly stated. On the following day, Mr. Graydon submitted RPAs for two of the seven districts that he was representing. On January 19, 2005, two weeks after the last deadline for submitting RPAs had passed, Mr. Graydon inquired about whether a deadline extension had been authorized. The deadlines for submitting RPAs under Hurricanes Frances and Jeanne were January 4, 2005, and December 27, 2004, respectively. The extension date of February 28, 2005, cited by EBWCD and referenced in the internal FEMA email was for the Individuals and Households Program and was approved by a memorandum dated December 28, 2004. However, this extension had no bearing on the Public Assistance Program or the deadlines for submitting RPAs.
EBWCD has not presented any compelling reasons for submitting the RPA after the established deadlines. Therefore, I am denying the appeal.
Please inform the applicant of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR § 206.206.
Sincerely,
/s/
John R. D’Araujo, Jr.
Director of Recovery
cc: Ms. Mary Lynne Miller
Acting Regional Director
FEMA Region IV