[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR204.54]



[Page 414-415]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 204_FIRE MANAGEMENT ASSISTANCE GRANT PROGRAM--Table of Contents

 

                    Subpart D_Application Procedures

 

Sec. 204.54  Appeals.



    An eligible applicant, subgrantee, or grantee may appeal any 

determination we make related to an application for the provision of 

Federal assistance according to the procedures below.

    (a) Format and content. The applicant or subgrantee will make the 

appeal in writing through the grantee to the Regional Director. The 

grantee will review and evaluate all subgrantee appeals before 

submission to the Regional Director. The grantee may make grantee-

related appeals to the Regional Director. The appeal will contain 

documented justification supporting the appellant's position, specifying 

the monetary figure in dispute and the provisions in Federal law, 

regulation, or policy with which the appellant believes the initial 

action was inconsistent.

    (b) Levels of appeal. (1) The Regional Director will consider first 

appeals for fire management assistance grant-related decisions under 

subparts A through E of this part.

    (2) The Associate Director will consider appeals of the Regional 

Director's decision on any first appeal under paragraph (b)(1) of this 

section.

    (c) Time limits. (1) Appellants must file appeals within 60 days 

after receipt of a notice of the action that is being appealed.

    (2) The grantee will review and forward appeals from an applicant or 

subgrantee, with a written recommendation, to the Regional Director 

within 60 days of receipt.

    (3) Within 90 days following receipt of an appeal, the Regional 

Director (for first appeals) or Associate Director (for second appeals) 

will notify the grantee in writing of the disposition of the appeal or 

of the need for additional information. A request by the Regional 

Director or Associate Director for additional information will include a 

date by which the information must be provided. Within 90 days following 

the receipt of the requested additional information or following 

expiration of the period for providing the information, the Regional 

Director or Associate Director will notify the grantee in writing of the 

disposition of the appeal. If the decision is to grant the appeal, the 

Regional Director will take appropriate implementing action.

    (d) Technical advice. In appeals involving highly technical issues, 

the Regional Director or Associate Director may, at his or her 

discretion, submit the appeal to an independent scientific



[[Page 415]]



or technical person or group having expertise in the subject matter of 

the appeal for advice or recommendation. The period for this technical 

review may be in addition to other allotted time periods. Within 90 days 

of receipt of the report, the Regional Director or Associate Director 

will notify the grantee in writing of the disposition of the appeal.

    (e) The decision of the Associate Director at the second appeal 

level will be the final administrative decision of FEMA.