Appeal Timeliness – 705(c) – OIG Audit

Appeal Timeliness

HEADNOTES

Per 44 C.F.R. § 206.206(c)(2), a grantee must review and forward an applicant’s appeal to FEMA within 60 days of receipt. As the Applicant has not demonstrated that the Grantee submitted the first appeal to FEMA within the requisite 60-day timeframe, its appeal rights pertaining to the deobligations lapsed.

CONCLUSION

The Applicant’s first appeal was untimely. Thus, Stafford Act section 705(c) does not bar FEMA’s recovery of funds.

AUTHORITIES

Stafford Act §§ 325(a)(1), (2); 423(a)-(c); 705(c). 44 C.F.R. §§ 206.32(d); 206.44; 206.201(a), (e); 206.202; 206.206(c). FP-205-081-2, Stafford Act Section 705, Disaster Grant Closeout Procedures, at 2, 4, 7. PA Guide, at 86. 55 Fed. Reg. 2,297 (Jan. 23, 1990). Nashville-Davidson Cty., FEMA-1909-DR-TN, at 5; City of Atlanta, FEMA-1858-DR-GA, at 6; Town of Nichols, FEMA-4031-DR-NY, at 5; Town of Windermere, FEMA-1561-DR-FL, at 5; Port of Galveston, FEMA-1791-DR-TX, at 6-7; Broward Cty. Sch. Bd. of Fla., FEMA-1609-DR-FL, at 3; Village of Waterford, FEMA-4020-DR-NY, at 4; St. Thomas Univ., FEMA-1609-DR-FL, at 4; City of Waveland, FEMA-1604-DR-MS, at 2.

44 C.F.R. §§ 206.32(d); 206.44; 206.201(a), (e); 206.202; 206.206(c)
Appeal Timeliness – 705(c) – OIG Audit