[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR206.46]



[Page 432-433]

 

              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 B_The Declaration Process

 

Sec.  206.46  Appeals.



    (a) Denial of declaration request. When a request for a major 

disaster declaration or for any emergency declaration is denied, the 

Governor may appeal the decision. An appeal must be made within 30 days 

after the date of the letter denying the request. This one-time request 

for reconsideration, along with appropriate additional information, is 

submitted to the President through the appropriate Regional Director. 

The processing of this request is similar to the initial request.

    (b) Denial of types of assistance or areas. In those instances when 

the type



[[Page 433]]



of assistance or certain areas requested by the Governor are not 

designated or authorized, the Governor, or the GAR, may appeal the 

decision. An appeal must be submitted in writing within 30 days of the 

date of the letter denying the request. This one-time request for 

reconsideration, along with justification and/or additional information, 

is sent to the Associate Director through the appropriate Regional 

Director.

    (c) Denial of advance of non-Federal share. In those instances where 

the Governor's request for an advance is denied, the Governor may appeal 

the decision. An appeal must be submitted in writing within 30 days of 

the date of the letter denying the request. This one-time request for 

reconsideration, along with justification and/or additional information, 

is sent to the Associate Director through the appropriate Regional 

Director.

    (d) Extension of time to appeal. The 30-day period referred to in 

paragraphs (a), (b), or (c) of this section may be extended by the 

Associate Director provided that a written request for such an 

extension, citing reasons for the delay, is made during this 30-day 

period, and if the Associate Director agrees that there is a legitimate 

basis for extension of the 30-day period. Only the Governor may request 

a time extension for appeals covered in paragraphs (a) and (c) of this 

section. The Governor, or the GAR if one has been named, may submit the 

time extension request for appeals covered in paragraph (b) of this 

section.