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Appeals
Appeal Brief
Disaster | 4683 |
Applicant | Los Padres Council, Boy Scouts of America |
Appeal Type | Second |
PA ID# | 083-USBDV-00 |
PW ID# | RPA |
Date Signed | 2024-06-21T16:00:00 |
N/A
Appeal Letter
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
Re: | Second Appeal – Los Padres Council, Boy Scouts of America, PA ID: 083-USBDV-00, FEMA-4683-DR-CA, Request for Public Assistance – Appeals |
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.
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 Fenton
Regional Administrator
FEMA Region 9