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

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