44 C.F.R. § 206.206(c)(1) requires applicants to submit appeals within 60 days of receipt of the notice of the action that is being appealed. Pursuant to the Recovery Directorate Manual, Public Assistance Program Appeal Procedures (Appeals Manual), the date the applicant receives notice of the determination from the grantee, serves as the date the applicant’s 60-day appeal timeframe begins to run. The Applicant has established December 15, 2015, was the first time it received notice of Version 5 from the Grantee. Therefore, it submitted its February 10, 2016 first appeal within 60 days of receiving notice of the determination. Consequently, the appeal is remanded for issuance of a new first appeal decision to adjudicate the merits. The Appeals Manual provides that when a RA is considering denying a first appeal in whole or in part, the RA must issue a Final RFI to the applicant.
Stafford Act § 423(a). 44 C.F.R. § 206.206(a), (c)(1). Public Assistance Program Appeal Procedures, Version 3, at 11-12, 14, App. E. Miami-Dade Cty., FEMA-1345-DR-FL, at 2.