[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: 44CFR206.115]



[Page 452-453]

 

              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--Table of Contents

 

       Subpart D_Federal Assistance to Individuals and Households

 

Sec. 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 Sec. 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;

    (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 Sec. 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



[[Page 453]]



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]