Appeal of Program Decision

Justia :: 44 C.F.R. § 206.115 Appeals.

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Justia> Law> United States> Code of Federal Regulations> Title 44 - Emergency Management and Assistance> CHAPTER I--FEDERAL EMERGENCY MANAGEMENT
AGENCY, DEPARTMENT OF HOMELAND SECURITY> PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23,
1988> § 206.115 Appeals.

44 C.F.R. § 206.115 Appeals.
Title 44 - Emergency Management and Assistance

Title 44: Emergency Management and Assistance
PART 206—FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR AFTER NOVEMBER 23, 1988
Subpart D—Federal Assistance to Individuals and Households
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§ 206.115 Appeals.
(a) Under the provisions of section 423 of the Stafford Act, applicants for assistance under this subpart may appeal any determination of eligibility for assistance made under
this subpart. Applicants must file their appeal within 60 days after the date that we notify the applicant of the award or denial of assistance. Applicants may appeal the
following:
(1) Eligibility for assistance, including recoupment;
(2) Amount or type of assistance;
(3) Cancellation of an application;
(4) The rejection of a late application;
(5) The denial of continued assistance under §206.114, Criteria for continued assistance;
(6) FEMA's intent to collect rent from occupants of a housing unit that FEMA provides;
(7) Termination of direct housing assistance;
(8) Denial of a request to purchase a FEMA-provided housing unit at the termination of eligibility;
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Justia :: 44 C.F.R. § 206.115 Appeals.

(9) The sales price of a FEMA-provided housing unit they want to purchase; or
(10) Any other eligibility-related decision.
(b) Appeals must be in writing and explain the reason(s) for the appeal. The applicant or person who the applicant authorizes to act on his or her behalf must sign the appeal.
If someone other than the applicant files the appeal, then the applicant must also submit a signed statement giving that person authority to represent him, her or them.
(c) Applicants must appeal to the Regional Director or his/her designee for decisions made under this subpart, unless FEMA has made a grant to the State to provide
assistance to individuals and households under §206.120(a), State administration of other needs assistance; then the applicant must appeal to the State.
(d) An applicant may ask for a copy of information in his or her file by writing to FEMA or the State as appropriate. If someone other than the applicant is submitting the
request, then the applicant must also submit a signed statement giving that person authority to represent him or her.
(e) The appropriate FEMA or State program official will notify the applicant in writing of the receipt of the appeal.
(f) The Regional Director or his/her designee or appropriate State official will review the original decision after receiving the appeal. FEMA or the State, as appropriate, will
give the appellant a written notice of the disposition of the appeal within 90 days of the receiving the appeal. The decision of the appellate authority is final.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002]
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