Appeals

SENT VIA EMAIL

Nancy Ward                                        

Director                                                          

California Governor’s Office of Emergency Services

3650 Schriever Avenue

Mather, CA 95655 

Carlos Cortez

Scout Executive

Los Padres Council, Boy Scouts of America

400 Modoc Road

Santa Barbara, CA 93110

Dear Nancy Ward and Carlos Cortez:

This is in response to a letter from the California Governor’s Office of Emergency Services (Recipient’s) office dated May 28, 2024, which transmitted the referenced second appeal on behalf of Los Padres Council, Boy Scouts of America (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its Request for Public Assistance (RPA).

Section 423(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance 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 (44. C.F.R.) §§ 206.206(b)(1)(ii)(A) and 206.206(b)(2)(ii)(A) (2022), require that applicants must file appeals within 60 calendar days of the date of the determination, which is the date FEMA electronically transmits its determination to the applicant and recipient. Recipients must then review and forward appeals within 120 calendar days of the date of the eligibility determination. 

According to the Administrative Record, FEMA electronically transmitted its initial determination to the Applicant on July 24, 2023. However, the Applicant electronically submitted its first appeal on November 25, 2023. This was after the 60 calendar-day timeframe required by FEMA’s regulations, making the first appeal untimely. According to the Administrative Record, FEMA electronically transmitted the first appeal decision to the Applicant on February 15, 2024. However, the Applicant electronically submitted a second appeal letter dated April 29, 2024 to the Recipient on May 2, 2024. This was after the 60 calendar-day timeframe required by FEMA’s regulations, making the second appeal untimely. The Applicant filed its first and second appeals after the 60-day timeframe required by FEMA’s regulations, making both appeals untimely. For this reason, I am denying this appeal.