§ 5189a. Appeals of assistance decisions
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/usc/title-42/section-5189aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Right of appeal Any decision regarding eligibility for, from, or amount of assistance under this subchapter may be appealed within 60 days after the date on which the applicant for such assistance is notified of the award or denial of award of such assistance.
(b)Period for decision A decision regarding an appeal under subsection
(a)shall be rendered within 90 days after the date on which the Federal official designated to administer such appeals receives notice of such appeal.
(c)Rules The President shall issue rules which provide for the fair and impartial consideration of appeals under this section.
(d)Right of arbitration
(1)In general Notwithstanding this section, an applicant for assistance under this subchapter may request arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000 for any disaster that occurred after January 1, 2016. Such arbitration shall be conducted by the Civilian Board of Contract Appeals and the decision of such Board shall be binding.
(2)Review The Civilian Board of Contract Appeals shall consider from the applicant all original and additional documentation, testimony, or other such evidence supporting the applicant’s position at any time during arbitration.
(3)Rural areas For an applicant for assistance in a rural area under this subchapter, the assistance amount eligible for arbitration pursuant to this subsection shall be $100,000.
(4)Rural area defined For the purposes of this subsection, the term “rural area” means an area with a population of less than 200,000 outside an urbanized area.
(5)Eligibility To participate in arbitration under this subsection, an applicant—
(A)shall submit the dispute to the arbitration process established under the authority granted under section 601 of Public Law 111–5; and
(B)may submit a request for arbitration after the completion of the first appeal under subsection
(a)at any time before the Administrator of the Federal Emergency Management Agency has issued a final agency determination or 180 days after the Administrator’s receipt of the appeal if the Administrator has not provided the applicant with a final determination on the appeal. The applicant’s request shall contain documentation from the administrative record for the first appeal and may contain additional documentation supporting the applicant’s position.
(Pub. L. 93–288, title IV, § 423, as added Pub. L. 100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat. 4705; amended Pub. L. 115–254, div. D, § 1219, Oct. 5, 2018, 132 Stat. 3452.)
Connections133 cite this · traces to 5
Cited by 133 sections · top 60
public-private-law
register
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- Rules and RegulationsFinal rule
- Proposed RulesInterim final rule
- NoticesFinal rule
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- Rules and RegulationsFinal rule; technical amendments
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesFinal rule
- NoticesFinal rule
- Proposed RulesFinal rule
- Proposed RulesFinal rule
- Rules and RegulationsFinal rule
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesInterim final rule
- Proposed RulesNotice of proposed rulemaking
- Rules and RegulationsInterim final rule; request for comments
- NoticesProposed rule
- NoticesFinal rule
- Proposed RulesFinal rule
- NoticesNotice of proposed rulemaking
- Rules and RegulationsNotice of proposed rulemaking
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statutes-at-large
- Public Law 113–2Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes
- Public Law 114–301To eliminate or modify certain mandates of the Government Accountability Office
- Public Law 100–707To amend the Disaster Relief Act of 1974 to provide for more effective assistance in response to major disasters and emergencies, and for other purposes
- Public Law 115–253To amend title 18, United States Code, to clarify the meaning of the terms “act of war” and “blocked asset”, and for other purposes
statute-compilations
bill
- Sec. 2Reports eliminated
- Sec. 2Reports eliminated
- Sec. 2Reports eliminated
- Sec. 2Reports eliminated
- Sec. 2Reports eliminated
- Sec. 2Reports eliminated
- Sec. 2Reports eliminated
- Sec. 1802Reports eliminated
- Sec. 225Appeals of assistance decisions
- Sec. 2018Dispute resolution pilot program
- Sec. 2018Dispute resolution pilot program
- Sec. 2018Dispute resolution pilot program
- Sec. 1219Right of arbitration
- Sec. 1219Right of arbitration
- Sec. 216Dispute resolution pilot program
- Sec. 2018Dispute resolution pilot program
- Sec. 618Right of arbitration
Traces to 5 documents
public-private-law
10 references not yet in our index
- section 601 of Public Law 111–5
- Pub. L. 93–288, title IV, § 423
- Pub. L. 100–707, title I, § 106
- 102 Stat. 4705
- 132 Stat. 3452
- Section 601 of Public Law 111–5
- Pub. L. 111–5, div. A, title VI, § 601
- 123 Stat. 164
- 127 Stat. 43
- 130 Stat. 1514
Citation graph
cites case law
§ 5189a
Appeals of assistance decisions
Fed. Reg.×86
Bills×34
Stat. Comp.×4
Stat.×4
Pub. L.×3
U.S.C.×2
Pub. L.section 601 of Public Law 111–5
Pub. L.Pub. L. 93–288, title IV, § 423
Pub. L.Pub. L. 100–707, title I, § 106
Stat.102 Stat. 4705
Stat.132 Stat. 3452
Cites 15 · showing 10Cited by 133 across 6 sources