[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR204.54]

[Page 399-400]
 
              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 400]]

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.