Course Overview, Course Goal, and Objectives

Welcome to the Determination Memorandums and Appeals course.

This course will provide an overview of Public Assistance eligibility determination memoranda and the appeals process. By the end of the course, State, local, Tribal, Territorial Applicants and Recipients will be able to understand all aspects of Public Assistance eligibility determination memorandum and the appeals process.

Upon successfully completing the course, participants will be able to:

  • Explain the FEMA Public Assistance determinations which may be appealed.
  • Explain the Request for Information process during field operations.
  • Increase stakeholder knowledge of the Determination Memorandum and letter process, including key communication mechanisms and information included in the document.
  • Provide detailed information on the format, content, and timeframe requirements for submitting a first and second level appeal.
Select this link to access the Public Assistance acronym list.
Lesson 1 Overview and Objectives

This lesson presents a high-level overview of the Determination Memorandum and letter. This lesson also provides an overview of the appeals process.

At the end of this lesson, participants will be able to:

  • Identify administrative requirements of the course
  • State the goals and objectives of the course
  • Explain Determination Memorandums, determination letters, arbitration, and appeals
Introduction to the Request for Information Process (1 of 2)

The intent of a FEMA Request for Information is to obtain all disaster-related documentation or information related to a Public Assistance project. A Request for Information may come from various FEMA sources and may vary in importance relative to the incident.

If an Applicant receives a Request for Information from FEMA, the Applicant should make sure to include all information requested to expedite the processing of the case.

When the information is received, it becomes part of the Applicant's administrative record.

Business woman on a phone call taking notes
Introduction to the Request for Information Process (2 of 2)

If FEMA discovers that more information is needed to determine an Applicant’s eligibility, FEMA will issue an initial informal Request for Information.

First Level Informal Request for Information

If the Applicant does not provide sufficient documentation to satisfy the initial informal Request for Information, the Program Delivery Manager will meet with the Applicant to inform the Applicant that a first level Informal Request for Information will be issued.

Second Level Formal Request for Information

If the Applicant still does not provide enough information to satisfy the Informal Request for Information, the FEMA Program Delivery Manager will meet with the Applicant to begin the Formal Request for Information process.

Lesson 2 will discuss the Request for Information process in further detail.

collage- 3 people talking - man looking at report - woman writing on tablet
Introduction to Determination Memorandums and Letter

Most Public Assistance projects run smoothly and are free of eligibility disputes. When eligibility issues do arise, FEMA is usually able to resolve them quickly.

When eligibility issues cannot be worked out, FEMA will issue a formal eligibility determination letter, setting forth an Applicant's appeal rights, with an accompanying memorandum that explains the basis for the denial. The eligibility Determination Memorandum will clearly explain why the determination was made and specifically reference applicable provisions of law, regulation, and policy supporting the determination.

Businesswoman reading a letter at a desk in an office.
Reasons for a Determination Memorandum and Letter

Eligibility determination letters with attached eligibility Determination Memorandum will be issued when:

  • Request for Public Assistance is denied
  • Applicant, facility, work, and/or cost is wholly or partially ineligible
  • Applicant or Recipient has not complied with the terms of the grant
Construction site with trucks and cranes and people working.
Introduction to Appeals Process (1 of 2)

If an Applicant receives a Determination Memorandum and letter, it has the right to use FEMA's two-tiered administrative appeal process. The Applicant has 60 days from its receipt of the determination letter and memorandum to submit its first appeal, beginning the appeal process.

The appeal must be sent to the Recipient, which has 60 days to review and forward it, along with a written recommendation, to the appropriate FEMA Regional Administrator. The Recipient has full discretion to support or oppose all or part of the Applicant's position in the appeal.

The first appeal will be reviewed by the Regional Administrator of the applicable FEMA Region. Once received, the FEMA Regional Administrator has 90 days to render a first appeal decision or request additional information from the Applicant.

Judge's mallet with scales of justice in the background.
Introduction to Appeals Process (2 of 2)

Upon receipt of a first appeal decision that is either a complete or partial denial, Applicants can appeal the determination to the Assistant Administrator for Recovery at FEMA Headquarters.

The second level appeal must be sent to the Recipient within 60 days of receiving the determination of the first appeal. The Recipient then has 60 days from receipt of the second appeal to review and forward it with a recommendation to the FEMA Regional Administrator, who forwards it to the Assistant Administrator for Recovery. Just as with the first appeal, the Recipient can express support for or disagreement with the Applicant's position in the appeal.

FEMA Headquarters has 90 days upon receipt of the second level appeal to render a decision or request more information from the Applicant. Second level appeal decisions are FEMA's final administrative decision.

The Appeals process will be discussed in detail in Lesson 5.

FEMA Logo on a sign for FEMA Headquarters in Washington, DC.
Lesson 1 Summary

In this lesson, you learned how to:

  • Identify administrative requirements of the course
  • State the goals and objectives of the course
  • Explain Determination Memorandums, determination letters, and appeals

The next lesson will explain the process, deadlines, and implications of the Request for Information during the project development in the field.