Stafford Act § 423, as implemented by 44 C.F.R. § 206.206(c)(1), allows an applicant 60 days to file an appeal upon receipt of notice of an appealable action. The Applicant received notice of FEMA’s decision denying its first appeals on December 21, 2015. It filed its second appeal on April 1, 2016—100 days after it received notice and 40 days past the 60 day deadline. Thus, the appeal was not timely filed. Pursuant to Stafford Act § 312 and 44 C.F.R. § 206.250, FEMA must reduce the amount of assistance provided to an applicant by the amount of financial assistance the Applicant will receive from insurance. The Applicant failed to provide documentation establishing it pursued the maximum insurance recovery available. As such, FEMA cannot verify that the losses were not covered by insurance.
: The Applicant failed to timely file its second appeal and thus its appeal rights lapsed. Even if the appeal was timely, the Applicant did not document that 1) ambulance operation costs resulted directly from the disaster and 2) it pursued recovery of available insurance.
Stafford Act §§ 312, 403, and 423. 44 C.F.R. §§ 204.62(a), 206.201(a),(b), (c)(1), 206.206, 206.223(a)(1), 206.250. PA Guide, at 54. DAFS, DAP9580.104, Public Assistance for Ambulance Services, at 1. DAP9525.3 Duplication of Benefits, at 2. DAFS, DAP9580.3, Insurance Considerations for Applicants, at 2. Public Health Trust of Miami-Dade, FEMA-3259-EM-FL, at 2. Broward County School Board, FEMA-1609-DR-FL, at 2.