[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: 44CFR206.115]

[Page 437-438]
 
              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 
 
       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.

[[Page 438]]

    (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 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]