FEMA, State Announce New Appeals Process for Public Assistance
Release Date: March 17, 2008
Release Number: 1603-776
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BATON ROUGE, La. -- The State of Louisiana and the Federal Emergency Management Agency (FEMA) have signed a new protocol for the appeals of FEMA decisions relative to the state's recovery efforts for hurricanes Katrina and Rita, FEMA, the Louisiana Recovery Authority (LRA) and the Governor's Office of Homeland Security and Emergency Preparedness (GOHSEP) announced today.
This change in the appeals process for the Public Assistance program in Louisiana will remove the FEMA appeals process from the Louisiana Transitional Recovery Office (LA TRO) in New Orleans and transition it to an independent appeals team located at and reporting directly to FEMA's Region VI in Denton, Texas. The new appeals process is a result of last month's partnership meeting where FEMA and the state came together to address ways to solidify their partnership and address issues to maximize recovery dollars.
"By establishing an independent appeals team outside of FEMA's Louisiana office, we are working to address the state's perception that the appeals process is unduly influenced by its location here," said Acting Associate Deputy Administrator for FEMA's Gulf Coast Recovery Office Jim Stark. "We will continue working closely with the state, though, to resolve as many issues as possible before they are elevated to the appeals process."
An applicant may appeal any decision made by FEMA, whether a project worksheet assessment or an issue such as applicant eligibility or an extension request denial. The applicant must file an appeal with the state within 60 days of receiving notice of the action it wishes to appeal. Within 60 days of receiving the applicant's appeal letter, the state must prepare and forward a written recommendation to Region VI, where FEMA will have 90 days to review the appeal and render a decision or request additional information.
"Previously, when local applicants wanted to appeal a decision by FEMA, it went back to the office that made the original decision for reconsideration. Under the new system, appeals will get a review by a fresh set of eyes outside of Louisiana's Public Assistance program," said Paul Rainwater, LRA Executive Director. "We thank the leadership at FEMA for working with the state to give local applicants reassurance that their appeals are handled by an independent review team without bias."
If an applicant's appeal is denied, they will now also be able to argue a second appeal orally, rather than solely in written documentation. Second appeals follow the same timeline as above, but will be forwarded to FEMA Headquarters Public Assistance Division.
FEMA and GOHSEP will continue working together to minimize appeals by maximizing pre-appeal determinations. Senior staff will meet regularly, and FEMA's LA TRO Public Assistance Section Chief and GOHSEP's Public Assistance lead will discuss relevant applicant issues to quickly review and resolve before the appeals time clock begins.
"By working closely with our FEMA counterparts, we were able to acknowledge issues within the appeals process and address them," said Mark Riley, assistant deputy director, Disaster Recovery Division, GOHSEP. "The new appeals process will allow the applicants to have the opportunity to receive an impartial, unbiased look at their appeal."
During his first day in office, Governor Bobby Jindal issued an Executive Order directing the LRA to be responsible for the state's actions with regard to FEMA's Public Assistance program. The LRA is working in conjunction with GOHSEP and its federal partners to identify ways to streamline the Public Assistance process and improve efficiency, with the ultimate goal of cutting in half the length of time that applications spend in the process. In February, FEMA, the LRA and GOHSEP leaders met to identify and discuss issues within the Public Assistance program.
The Public Assistance program works with state and local officials to fund recovery measures and the rebuilding of government and certain private nonprofit organizations' buildings and recreation centers, as well as roads, bridges and water and sewer plants. In order for the process to be successful, federal, state and local partners coordinate to draw up project plans, fund these projects and oversee their completion.
FEMA coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man-made, including acts of terror.
Last Modified: Monday, 24-Mar-2008 12:26:00