This lesson provides an overview of the requirements associated with appeals process for Public Assistance grants.
Upon completion of this lesson, the participants will be able to:
Explain the appeals process and the role of FEMA, the Applicant, and the Recipient
Identify determinations that an Applicant may appeal
Overview of Appeals
Most Public Assistance projects are free of eligibility disputes or, if eligibility issues arise, they are quickly resolved. When parties cannot reach a mutually agreeable solution, Applicants are provided a two-tiered administrative appeal process.
Applicants and Recipients may appeal any FEMA decision related to an application for, or the provision of, assistance under the Public Assistance Program.
This lesson assumes that the Recipient or Applicant already has an approved Public Assistance grant.
This lesson provides a general overview of the appeals process. For more information on appeals, please refer to the course: IS-1018 Determination Memorandums and Appeals.
Appeals Process
The process for FEMA to reconsider a determination or decision follows a sequence of steps. Including:
Determination Memo: FEMA's official notification of a decision to an Applicant
Submittal of first level appeal: Applicant's request that FEMA reconsider a determination
Final Request for Information and first appeal decision: FEMA can place a final Request for Information in order to assist their decision. FEMA Regional Office then makes their first appeal determination
Second level appeal: If the Applicant receives an unfavorable first appeal determination they may appeal that determination
Final decision from FEMA: FEMA Headquarters provides a final decision to the Applicant's second level appeal
Determination Memorandum
When eligibility issues cannot be resolved, FEMA issues a formal eligibility determination letter, setting forth an Applicant's appeal rights, with an accompanying memorandum that explains the basis for the denial.
Submittal of First Level Appeal
The Applicant must submit a written appeal to the Recipient within 60 days of receiving the written notification of FEMA's determination. The Recipient must forward the appeal with its written recommendation to FEMA within 60 days of its receipt of the appeal.
The Recipient has full discretion to support or oppose all or part of an Applicant's position in the appeal.
An Applicant should confirm receipt of the appeal by the Recipient and FEMA, if an acknowledgement email is not received.
Information to Include in an Appeal
The appeal must contain the justification and documentation that supports the Applicant'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.
First Level Appeals
First level appeals are reviewed and decided by the FEMA Regional Administrator of the applicable FEMA Region.
Once received, the Regional Administrator has 90 days to render a first appeal decision or request additional information from the Applicant.
If the Regional Administrator wants additional information because they intend to deny or partially grant the appeal, FEMA sends the Applicant a final Request for Information to obtain all necessary information for the determination. The Request for Information informs the Applicant how many days they have to respond (typically 30 days).
FEMA may deny appeals submitted after the regulatory deadline. The first appeal decision consists of a letter explaining the Applicant's second appeal rights and an appeal analysis.
Submittal of Second Level Appeals
Upon receipt of a first appeal decision (either a denial or partial approval), the Applicant can appeal the determination.
The second level appeal must be sent to the Recipient within 60 days of receiving the first appeal.
The Recipient then has 60 days from receipt of the second appeal to review the appeal and forward it with a recommendation to FEMA. Just as with a first appeal, the Recipient can express support for or disagreement with the Applicant's position in their recommendation to FEMA.
The Applicant should confirm receipt of the appeal by the Recipient and FEMA, if an acknowledgement email is not received.
Final Decision
Second level appeals are reviewed by the FEMA Assistant Administrator for Recovery.
The FEMA Assistant Administrator for Recovery has 90 days upon receipt of the second level appeal to render a decision.
The Assistant Administrator for Recovery can request that the Applicant provides clarification for their appeal or any information provided in the final Request for Information
Applicants can check the status of second level appeals on the FEMA Public Assistance Second Appeals Tracker.
The FEMA Public Assistance Second Appeals Tracker is an online, open-source, spreadsheet that houses all second appeals decisions made by FEMA
Second level appeals decisions are FEMA's final administrative decision. All second level appeal decisions are posted in the Public Assistance Appeals Database so that Applicants can previous decisions FEMA has made on similar issues. FEMA also provides its final decision to the Recipient and Applicant.
Lesson 6 Summary
In this lesson, participants learned how to:
Explain the appeals process and the role of FEMA, the Applicant, and the Recipient
Identify determinations that an Appeal may appeal
The next lesson provides an overview of the requirements associated with audits.
