[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: 44CFR208.62]



[Page 531-532]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

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

                                SECURITY

 

PART 208_NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM--Table 

of Contents

 

               Subpart D_Reimbursement Claims and Appeals

 

Sec. 208.62  Appeals.



    (a) Initial appeal. The Sponsoring Agency may appeal to the Program 

Manager any determination made under Sec. 208.60 of this part to 

disallow reimbursement of an item of cost:

    (1) The appeal must be in writing and submitted within 60 days after 

receipt of DHS's written notice of disallowance under Sec. 208.60 of 

this part.

    (2) The appeal must contain legal and factual justification for the 

Sponsoring Agency's contention that the cost is allowable.

    (3) Within 90 days after DHS receives an appeal, the Program Manager 

will review the information submitted, make such additional 

investigations as necessary, make a determination on the appeal, and 

submit written notice of the determination of the appeal to the 

Sponsoring Agency.

    (b) Final appeal. (1) If the Program Manager denies the initial 

appeal, in whole or in part, the Sponsoring Agency may submit a final 

appeal to the Deputy Director. The appeal must be made in writing and 

must be submitted not later than 60 days after receipt of written notice 

of DHS's determination of the initial appeal.

    (2) Within 90 days following the receipt of a final appeal, the 

Deputy Director will render a determination and notify the Sponsoring 

Agency, in writing, of the final disposition of the appeal.

    (c) Failure to file timely appeal. If the Sponsoring Agency does not 

file an appeal within the time periods specified



[[Page 532]]



in this section, DHS will deem that the Sponsoring Agency has waived its 

right to appeal any decision that could have been the subject of an 

appeal.