C.12. BRIC: Appeal Process

An eligible applicant/recipient or subapplicant/subrecipient may request an appeal of either of the following actions:

• FEMA’s denial of its application or subapplication for mitigation activities for which there is an indication of a substantive technical or procedural error.
• A remedy FEMA has taken for non-compliance with federal statutes, regulations or the terms and conditions of the award that results in suspension or termination of all or part of the award.

FEMA provides only one opportunity to appeal a determination. FEMA will only consider written appeals that justify the request for reconsideration.

Whether the appeal originated with the applicant/recipient or with a subapplicant/subrecipient, the applicant or recipient must submit an appeal in writing to the deputy associate administrator for the Mitigation Directorate within 60 calendar days after receiving a notice of the action that is being appealed.

The subapplicant/subrecipient must submit its appeal in writing to the recipient, after which the recipient must review and evaluate the subrecipient’s appeal before submission to FEMA. The recipient must forward all appeals from a subrecipient with a written recommendation to FEMA within 60 calendar days of receiving the appeal from a subrecipient.

For denials of applications or subapplications for mitigation activities, the appeal must identify any substantive technical or procedural error committed by FEMA. FEMA will only consider the information provided in the application or subapplication as supporting documentation.

For remedies FEMA has taken for non-compliance, the appeal must contain documented justification supporting the appellant’s position; specify the monetary figure or FEMA action in dispute; and identify the provisions in federal law, regulation or policy with which the appellant believes the initial action was inconsistent.

The applicant, subapplicant, recipient or subrecipient will be notified in writing of the disposition of the appeal or the need for additional information. For more information regarding the BRIC appeal process, refer to the NOFO.

Upon receipt of the appeal, FEMA reviews the appeal content and uses the administrative record and the laws, regulations and policies applicable to the respective case to analyze the appeal. FEMA may request additional information via an RFI to adequately adjudicate the appeal or make its decision based on the documentation and information provided at the time of appeal submission. Within 90 calendar days of receiving the appeal, FEMA takes one of the following three actions:

• Requesting additional information specifying the date FEMA must receive information. Within 90 calendar days of receiving the information (or within 90 calendar days of the expiration of the deadline to respond), FEMA provides the appeal decision to the recipient.
• Submitting the appeal to an independent expert or experts for technical review and recommendations. Within 90 calendar days of receiving the technical review recommendations, FEMA provides the appeal decision to the recipient.
• Providing a written decision to the recipient using a method that confirms receipt (through electronic application systems, return receipt mail, email with read-receipt acknowledgment or other methods that confirm receipt).

If the decision is to grant the appeal, FEMA headquarters will take the appropriate action.

If additional information is needed, FEMA will determine a date by which the information must be provided. Within 90 calendar days following the receipt of the requested additional information (or 90 calendar days after the information was due), FEMA will notify the recipient in writing of the disposition of the appeal.

FEMA generally issues an RFI when it identifies specific documentation or information that if provided might impact the outcome of the appeal or assist FEMA in adequately responding to the appeal.