44 C.F.R. § 206.115

Appeals

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(a) Under the provisions of the Stafford Act, 42 U.S.C. 5189a, 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 § 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 include a written explanation or verifiable documentation for the appeal and meet the requirements of § 206.117, as applicable. See §§ 206.117(b)(2)(vi), 206.117(b)(3)(iv), and 206.117(b)(4)(iii). If someone other than the applicant files the appeal, then the applicant must also submit a signed statement giving that person authority to represent them. If a written explanation is submitted, it must be signed by the applicant or a person the applicant designates to represent them.

(c) Applicants must appeal to FEMA for decisions made under this subpart, unless FEMA has made a grant to the State to provide assistance to individuals and households under § 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 them.

(e) FEMA or the 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 and a reason for the determination within 90 days of receiving the appeal. The decision of the FEMA or State appellate authority is final.

[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002, as amended at 89 FR 4121, Jan. 22, 2024]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2015–2023 · leading case: Barbosa v. United States Department of Homeland Security

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Barbosa v. United States Department of Homeland Security (2017) dcd · cites it 2× “44 C.F.R. § 206.115 (a). It further instructs what an appeal petition must include, identifies to whom an appeal should be directed, and sets a 90-day deadline for FEMA or the State to provide a written disposition of an appeal.”

La Union del Pueblo Entero v. Federal Emergency Management Agency (2015) txsd “44 C.F.R. 206.115 (2008). “The decision of the appellate authority is final.”

Barbosa v. U.S. Dep't of Homeland SEC. (2019) cadc “Moreover, since the appeals regulations impose no time limit on FEMA to turn over information in an individual's "file" following a request, see 44 C.F.R. § 206.115 (d), there is no guarantee that this information (whose contents are nowhere specified) will be received within…”

Jeffrey P. Samuels v. Federal Emergency Management Agency (2023) cacd “” 44 C.F.R. § 206.115 (a). Such appeal must be filed within 60 days after FEMA notifies the applicant of an award or denial of assistance.”

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