Appeals Process

The Appeals process is the opportunity for an Applicant to request reconsideration of adverse decisions regarding the eligibility of Federal assistance.

The Applicant must file an appeal with the Grantee, State of Florida Department of Community Affairs. The appeal should be addressed to the Florida Long Term Recovery Office, Public Assistance Unit, Attention: Gary Freerksen, PAO, 36 Skyline Drive Lake Mary, FL 32746, within 60 days of receipt of the notice of FEMA’s determination that is being appealed. The Grantee is responsible for reviewing and forwarding the Applicant’s appeal to FEMA.

Applicant:

• The appeal must contain documentation supporting the Applicant’s position that specifies the following.
• Justification supporting the Applicant’s appeal position.
• Disaster Number(s).
• Project Worksheet Number (PW), if applicable.
• The monetary figure in dispute, if applicable.
• The applicable provisions in Federal Law, regulation, or policy that the Applicant believes are inconsistent with FEMA’s determination.

Grantee:

• Assign the appeal to an Appeal Writer who will review and evaluate the appeal.
• May request additional information from the Applicant.
• The Applicant must submit the additional requested information so that the Grantee’s 60-day deadline to forward the received appeal to the FEMA RD through the Federal Coordinating Officer (FCO) can be met.

FEMA:

• The RD will review the submitted first appeal within 90 days of receipt and will take one of the two actions:
• Render a decision on the appeal and notify the Grantee of the decision or
• Request additional information from the Applicant through the Grantee for which the Applicant has 60 days to respond after which the RD will provide the first appeal decision within 90 days of receipt of the response.
• If the Appeal is granted in whole or part, the RD will take appropriate actions, such as approving additional funding, etc.

Second Appeal

Applicant:

• If the Appeal is denied by the FEMA RD, the Applicant must submit the second appeal to the Grantee within 60 days of receiving the denial.

Grantee:

• The Grantee must forward the second appeal with a written recommendation to the FEMA RD within 60 days of receipt.

FEMA:

• The RD will review the second appeal and may request additional information.
• The appeal will then be forwarded with the RD’s recommendation to the Executive Associate Director (EAD), typically within 30 days.
• The EAD shall review the second appeal documentation and will render a decision within 90 days.
• Following the receipt of the second appeal or
• The receipt of requested additional information or
• Following expiration of the period for providing the information
• The EAD will notify the Grantee in writing of the disposition of the appeal. The Grantee will notify the Applicant in writing of the decision. If the appeal is granted, the RD will take appropriate implementing action.

Appeals are referenced in:

• Applicants Briefing
• Kick off Meetings
• Public Assistance Policy Digest (page 6)
• Public Assistance Guide (pages 85-87), Appendix C-44 CFR §206.206
• Disaster Funding Agreement- Article XXIII (D)
• Formal notification of Project Obligation via Correspondence with Project Application Summary (P2)
• Federal Code of Regulations §206.206, (pages 481-482, October 1, 2003 revision)