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Boundary County Beef Barn

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1102-DR
ApplicantBoundary County
Appeal TypeSecond
PA ID#021-00000
PW ID#37200
Date Signed1999-06-16T04:00:00
Citation: FEMA-1102-DR-ID; Boundary County; DSR 37200

Cross Reference: Insurance Deductible; Time Extension

Summary: The subgrantee is requesting reimbursement of $10,000 for the insurance deductible for repairs to the foundation of the Boundary County Beef Barn. The incident period for the disaster closed on February 23, 1996. The subgrantee did not become aware of the damages to the Beef Barn until May 13, 1996, and filed a notice of loss with their insurance carrier on June 5, 1996. On March 5, 1997, the subgrantee notified the grantee of the damage to the Beef Barn. On
April 29, 1997, the grantee requested that FEMA prepare a DSR to fund the insurance deductible. FEMA prepared DSR 37200 and on May 30, 1997, informed the grantee that the DSR was not eligible because the damages had not been reported within 60 days of the initial inspection. On October 22, 1997, the grantee forwarded the subgrantee's first appeal to the Regional Director requesting reimbursement of the deductible. The Regional Director upheld the determination of ineligibility. In the second appeal transmittal, the grantee argues that the subgrantee was not provided with comprehensive eligibility guidelines to properly assess that insurance deductibles may be eligible. The subgrantee claims they were not aware that FEMA reimbursed insurance deductibles until
January 31, 1997.

Issues: Has the subgrantee demonstrated extenuating circumstances justifying the submittal of a request for reimbursement more than one year after the initial site visit?

Findings: No. The circumstances identified by the grantee do not justify an exception to regulatory time limit for identifying additional damages. The grantee is responsible for informing the subgrantee of all assistance available following a disaster.

Rationale: 44 CFR 206.202 (b) and 44 CFR 206.202(f)(2)

Appeal Letter

June 16, 1999

Gary W. Davis
Governor's Authorized Representative
State of Idaho Military Division
Bureau of Disaster Services
Building 600
4040 Guard Street
Boise, Idaho 83705-5004

Dear Mr. Davis:

This is in response to your September 2, 1998, submittal of Boundary County's (subgrantee's) second appeal to the Federal Emergency Management Agency (FEMA) of Damage Survey Report (DSR) 37200 under FEMA-1102-DR-ID. The subgrantee is requesting reimbursement of $10,000 for the insurance deductible for repairs to the foundation of the Boundary County Beef Barn.

The incident period of the flood disaster occurred from February 6 to February 23, 1996. The subgrantee did not become aware of the damages to the Beef Barn until May 13, 1996, and filed a notice of loss with their insurance carrier on June 5, 1996. On March 5, 1997, the subgrantee notified the State of Idaho, Bureau of Disaster Services (grantee) of the damage to the Beef Barn. The grantee received all relative documentation and forwarded it to FEMA Region X on April 29, 1997, and requested that FEMA prepare a DSR to reimburse the subgrantee for the insurance deductible. FEMA prepared DSR 37200 and on May 30, 1997, informed the grantee that the DSR was not eligible because the damages had not been reported within 60 days of the initial inspection as required by 44 CFR 206.202(d).

On October 22, 1997, the grantee forwarded the subgrantee's first appeal to the Regional Director requesting reimbursement of the deductible. In the first appeal response, the Regional Director upheld the determination of ineligibility based on the statutory (sic) time limit for identifying damages. In the second appeal transmittal, the grantee argues that the subgrantee was not provided with comprehensive eligibility guidelines to properly assess that insurance deductibles may be eligible. The subgrantee claims they were not aware that FEMA reimbursed insurance deductibles until January 31, 1997.

Based on the information provided, there is no basis to overturn the Regional Director's determination. Time limitations for identifying damage may be extended by the Regional Director when justified and requested in writing by the grantee (44 CFR 206.202(f)(2)). Such justification shall be based on extenuating circumstances beyond the grantee's or subgrantee's control. The grantee believes that the subgrantee was not provided with comprehensive eligibility guidelines to determine that the insurance deductible may have been eligible.
As explained in 44 CFR 206.202(b), following a presidential disaster declaration, it is the grantee's responsibility to ensure that the subgrantee is aware of the disaster assistance available. This includes identification of eligible work and costs. As such, the circumstances described by the grantee do not justify an exception to the time limit for identifying additional damages. Therefore, the appeal is denied.

Please inform the subgrantee of this determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206, which constitutes the final level of appeal in accordance with 44 CFR 206.206(e).
Sincerely,

/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery

cc: David L. de Courcy
Regional Director
FEMA Region X