44 Cfr 206.115

Federal Emergency Management Agency, DHS
showing that they are making efforts
to obtain permanent housing.
(2) Applicants requesting continued
rent assistance must submit rent receipts to show that they have exhausted the FEMA rent funds, and provide documentation identifying the
continuing need.
(3) FEMA generally expects that predisaster renters will use their initial
rental assistance to obtain permanent
housing. However, we may certify
them, during the period of assistance,
for continued rent assistance when adequate, alternate housing is not available, or when they have not realized a
permanent housing plan through no
fault of their own.
(4) FEMA may certify pre-disaster
owners for continued rent assistance,
during the period of assistance, when
adequate, alternate housing is not
available, or when they have not realized a permanent housing plan through
no fault of their own.
(5) Individuals or households requesting additional repair assistance will be
required to submit information and/or
documentation identifying the continuing need.
(6) Individuals or households requesting additional assistance for personal
property, transportation, medical, dental, funeral, moving and storage, or
other necessary expenses and serious
needs will be required to submit information and/or documentation identifying the continuing need.
[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct.
9, 2002]

§ 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;

§ 206.115

(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 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.
(c) Applicants must appeal to the Regional Administrator 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 § 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 Administrator 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]

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