An applicant has the right to appeal any decisions involved in the process of applying for federal assistance. An appeal to the state must be submitted within 60 days of the notice of action, with the documents necessary to support the grounds of appeal. As a rule of thumb, we suggest that applicants use the Project Approved for Payment (PAP) date as the official starting point to enter into appeal.
The state then has 60 days to review and forward the appeal to the FEMA Regional Director (RD), with a recommendation in favor or against, or with no comment. The state may ask for more information or conduct its own investigation during these 60 days.
The FEMA RD has 90 days to review the appeal, collect additional information with a written request, or make a decision. If the RD asks the applicant for further documentation, the RD has another 90 days after that request to notify the applicant of a decision.
Within 60 days of a denial, an applicant has the right to a second appeal, which moves through the state and RD to the Director of FEMA. The Director has 90 days to rule on the appeal or make a request for more information. A request for additional information will prolong the decision-making process by another 90 days.
Depending on the nature of the appeal, the director may also bring in outside resources to assist in the evaluation of the appeal. The Director has an additional 60 days to evaluate the recommendations of any outside experts.
Can appeal any determination previously made related to federal assistance, including a time extension determination made by the grantee.
Appeal to grantee in writing and submit within 60 days after receipt of notice of action.
Appeal contains documented justification supporting sub-grantee’s position.
Review material submitted by sub-grantee.
Conduct additional investigations, as necessary.
Forward the appeal, within 60 days, to the Regional Director (RD) with a written recommendation.
Grantee will support, not support, or not comment on appeal.
Review material submitted by grantee.
Conduct additional investigations, as necessary.
Within 90 days, the RD will notify the grantee, in writing, as to the disposition of the appeal or of the need for additional information.
Within 90 days following receipt of additional information, the RD will notify the grantee, in writing, as to the disposition of the appeal.
Within 60 days after receipt of notice of the RD’s denial of the first appeal, the sub-grantee may submit, in writing through the grantee and RD, a second appeal to the Director of FEMA.
Within 90 days, the Director will render a determination on the appeal or of the need for additional information.
Within 90 days following receipt of additional information, the RD will notify the grantee, in writing, as to the disposition of the appeal.
If granted, the RD will be instructed to take action.
The Director may, in the case of appeals involving highly technical issues, involve an independent review to obtain an evaluation or ask for consultation with the grantee and/or sub-grantee.
The Director may submit appeals to persons not associated with FEMA’s Disaster Assistance Program for recommendation on the resolution of appeals.
Within 60 days following receipt of recommendation, the Director will notify the grantee, in writing, as to the disposition of the appeal.
¹∙ Code of Federal Regulations 44 CFR 206.206