Appeals
Appeal Brief
Disaster | 4514 |
Applicant | Asbury, Inc. |
Appeal Type | Second |
PA ID# | 009-UCTD2-00 |
PW ID# | PW 329/GMP 679592 |
Date Signed | 2024-08-19T16:00:00 |
N/A
Appeal Letter
SENT VIA EMAIL
Patrick C. Sheehan
Director
Tennessee Emergency Management Agency
3041 Sidco Drive
Nashville, TN 37204-1502
Jon Morrison
Senior Director of Business Information Systems
Asbury Inc.
911 Epworth Road
Maryville, TN 37804
Re: | Second Appeal – Asbury, Inc., PA ID: 009-UCTD2-00, FEMA-4514-DR-TN, Project Worksheet (PW) 329/Grants Manager Project (GMP) 679592 – Appeals |
Dear Patrick Sheehan and Jon Morrison:
This is in response to a letter from the Tennessee Emergency Management Agency (Recipient) office dated July 17, 2024, which transmitted the referenced second appeal on behalf of Asbury, Inc. (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $89,500.00 in costs pertaining to coronavirus (COVID-19) testing for its residents and personnel.
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) (2019), requires that applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed. Recipients must then review and forward appeals within 60 days after receipt of the appeal from the applicant.
According to the Administrative Record, the Applicant received notice of FEMA’s denial by way of a Determination Memorandum on March 10, 2023, and filed its first appeal on March 22, 2023. However, the Recipient did not transmit the appeal until April 30, 2024. This was after the 60 calendar-day timeframe required by FEMA’s regulations, making the first appeal untimely. Therefore, this appeal is denied. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.
Sincerely,
/S/
Robert Pesapane
Director
Public Assistance Division
cc: Robert D. Samaan
Regional Administrator
FEMA Region 4