Appeals

Dear Kevin Guthrie and Jude Chery: 

This is in response to a letter from the Florida Division of Emergency Management (Recipient) dated March 18, 2025, which transmitted the referenced second appeal on behalf of the University of Miami (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $1,183,245.82 for equipment and services.

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 noticed of the denial by way of a Determination Memorandum on November 30, 2022, and filed its first appeal on January 27, 2023.However, the Recipient did not transmit the appeal until November 18, 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 M. Pesapane

                                                                                       Director, Public Assistance

cc: Robert D. Samaan

Regional Administrator

FEMA Region 4