Appeals
Appeal Brief
| Disaster | 4335 |
| Applicant | Bureau of Corrections |
| Appeal Type | Second |
| PA ID# | 000-UG78P-00 |
| PW ID# | GMP 85849 |
| Date Signed | 2022-09-06T16:00:00 |
N/A
Appeal Letter
Adrienne L. Williams-Octalien
Director
Office of Disaster Recovery
Virgin Islands Public Finance Authority
1000 King Street, Suite No. 6
Christiansted, Virgin Islands 00820-4905
|
Re: |
Second Appeal – Bureau of Corrections, PA ID: 000-UG78P-00, FEMA-4335-DR-VI, Grants Manager Project 85849 – Appeals |
Dear Ms. Williams-Octalien:
This is in response to a letter from your office dated July 12, 2022, which transmitted the referenced second appeal on behalf of the Bureau of Corrections – St. Thomas (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $837,717.42 pertaining to costs to house, care for, and transport displaced inmates.
Section 423(a) of the Stafford Act provides that any decision regarding eligibility for assistance may be appealed within 60 days after the date on which the applicant is notified of the award or denial of assistance. Implementing this provision, Title 44 of the Code of Federal Regulations, section 206.206(c), requires that applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed.
According to the administrative record, the Applicant received notice of FEMA’s denial of Public Assistance by way of a First Appeal Response on March 15, 2022. However, it did not submit its second appeal until July 12, 2022. This was after the 60-day timeframe required by FEMA’s regulations, making the Applicant’s second appeal untimely. Therefore, this appeal is denied.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.
Sincerely,
/S/
Ana Montero
Division Director
Public Assistance Division
cc: David Warrington
Regional Administrator
FEMA Region II