Timeliness – Direct Result of the Disaster

Disaster Causation

HEADNOTES

Stafford Act § 423 allows Applicants to appeal any decision within 60 days after the date on which the Applicant is notified. Per 44 C.F.R. § 206.206, an Applicant must file an appeal within 60 days of receipt of notice of an action being appealed. The Applicant failed to file its second appeal in a timely manner. The Stafford Act § 406 authorizes FEMA to reimburse the costs to repair, restore, or replace a damaged facility to its predisaster design, function, and capacity in accordance with applicable codes and standards. 44 C.F.R. § 206.223(a)(1) notes required work must directly result from the disaster. The Applicant failed to demonstrate that the damages claimed resulted from this disaster.

CONCLUSION

: The Applicant did not file a timely second appeal nor did it demonstrate that the damages resulted from this disaster.

AUTHORITIES

Stafford Act §§ 406, 423. 44 C.F.R. §§ 206.206(a)-(c), 206.223(a)(1). Broward County School Board of Florida, FEMA-1609-DR-FL, at 3. Twp. of Vernon, FEMA-4021-DR-NJ, at 3. St. Thomas University, FEMA-1609-DR-FL, PW 8956, at 3. Jefferson County, FEMA-1791-DR-TX, at 3.

44 C.F.R. §§ 206.206(a)-(c), 206.223(a)(1)
Timeliness – Direct Result of the Disaster