Appeal Timeliness

Appeal Timeliness

HEADNOTES

Pursuant to Stafford Act § 423(a) and 44 C.F.R. § 206.206(c)(1), appeals must be filed within 60 days after receipt of a notice of the action that is being appealed FEMA issued a first appeal decision on September 8, 2015. The Grantee transmitted it to the Applicant in a letter dated September 15, 2015. The Applicant filed its second appeal on May 10, 2017, making the second appeal untimely. Per 44 C.F.R. § 206.209(k)(3), a decision of the majority of the arbitration panel shall constitute a final decision, binding on all the parties. Final decisions are not subject to further administrative review.

CONCLUSION

: The LSU Health Care Services Division Medical Center of Louisiana at New Orleans’ (Applicant) second appeal was untimely. The Arbitration Agreement in United States Civilian Board of Contract Appeals case CBCA 2874-FEMA contains language that specifically bars any appeals related to Charity Hospital.

AUTHORITIES

Stafford Act § 423(a). American Recovery and Reinvestment Act of 2009, § 601. 44 C.F.R. §§ 206.206(a), 206.206(c)(1), 206.209(k)(3). Chevra Hatzalah, FEMA-4085-DR-NY, at 4. Broward Cty Sch. Bd., FEMA-1609-DR-FL, at 3.

44 C.F.R. §§ 206.206(a), 206.206(c)(1), 206.209(k)(3)
Appeal Timeliness