The Appeals Manual provides that when an RA is considering denying a first appeal in whole or in part, he or she must issue a Final RFI noting all information in the administrative record the Region is considering in deciding the appeal, and requesting the Applicant provide any additional information to support the appeal. The Final RFI did not note timeliness of the appeal as a potential basis for denial, or request additional information related to the timeliness of the appeal’s submission. The RA subsequently denied the appeal based on the timeliness of the Grantee’s appeal transmittal. Consequently, FEMA erred by not providing the Applicant or Grantee an opportunity to address the timeliness of the appeal before issuance of the appeal determination.

Public Assistance Program Appeals Procedures, Version 3, at 14, App. E. Miami-Dade County, FEMA-1345-DR-FL, at 2.