Timeliness

Timeliness

HEADNOTES

Under 44 C.F.R. § 206.206(a), an appeal must specify the monetary figure in dispute and the provisions in Federal law, regulation, or policy with which the appellant believes the initial action was inconsistent. The Applicant’s September 26, 2013 letter did not include a specific monetary amount in dispute, and did not reference legal provisions with which Version 2 was inconsistent. Moreover, the plain language in the letter demonstrates it was not an appeal. As such, it does not satisfy the appeal content requirements of 44 C.F.R. § 206.206(a). Stafford Act § 423(a), as implemented by 44 C.F.R. § 206.206(c)(1), allows an applicant to appeal any Public Assistance determination within 60 days of receiving notice of the appealable action. The Applicant filed a formal appeal of PW 671 (Version 2), almost two years after the 60-day timeframe required by 44 C.F.R. § 206.206(c)(1) expired. As such, its first appeal was untimely.

CONCLUSION

: The Applicant’s letter dated September 26, 2013, does not satisfy the appeal content requirements set forth in 44 C.F.R. § 206.206(a). Moreover, the first document submitted with language that stated it was an appeal, was untimely under 44 C.F.R. § 206.206(c)(1), as it was transmitted almost 23 months after the 60 day timeframe expired to appeal PW 671(Version 2).

AUTHORITIES

Stafford Act § 423(a) 44 C.F.R. § 206.206 Dept. of Transp., FEMA-4068-DR-FL, at 3 (Aug. 5, 2016); City of Plattsburgh, FEMA-4020-DR-NY, at 4 (June 8, 2016).

44 C.F.R. § 206.206 Dept
Timeliness