Federal Emergency Management Agency

1. Federal Emergency Management Agency Public Assistance Arbitration Process

2. Review Section 601 of the American Recovery & Reinvestment Act of 2009 (ARRA) Discuss 44 CFR §206.209 Explain the Eligibility Criteria for Arbitration Detail the Time Limits & Timeframes Describe the Process Briefing Objectives…

3. Became Law on February 17, 2009 Establishes an Arbitration Option Included a Provision Designed to Expedite the Resolution of Disputed Projects Applies only to Hurricane Katrina & Rita Disasters Project Costs Must Be Greater Than $500,000 The ARRA…

4. DR-1603-LA DR-1604-MS DR-1605-AL DR-1606-TX DR-1607-LA Arbitration is Limited to… Gulf Coast Katrina & Rita Disasters

5. Published on August 31, 2009 Provides Time Frames Sets Arbitration Criteria Establishes Arbitration Procedures Provides Final Agency Action Establishes Responsibility for Arbitration Expenses 44 CFR §206.209

6. FEMA Determinations or Decisions Made On or After February 17, 2009 No Final Decision Prior to February 17, 2009 Projects Must Cost More Than $500,000 Statutory Time Limits for Appeals Apply Pending Appeal Must Be Withdrawn by Applicant by October 30, 2009 Requirements for an Arbitration Request…

7. Applicant Must Request, in writing, Arbitration within 60 Days of August 31, 2009 (October 30, 2009) Appeals Pending a Decision on 2/17/09 Must be Withdrawn, in writing,within 60 Days of August 31, 2009 (October 30, 2009) 1st Appeal, Time Limits… 1st Appeals Pending a Decision On 2/17/09 Arbitration is In Lieu Of Filing or Continuing a 1st or 2nd Appeal

8. 2nd Appeals Pending or in Receipt of Final Decisions on or After February 17, 2009 - Applicant Must Request Arbitration, in writing, by October 30, 2009 If Applicant opts for Arbitration - 2nd Appeal Must be Withdrawn, in writing,by October 30, 2009 2nd Appeal, Time Limits… 2nd Appeals Pending a Decision On 2/17/09 Arbitration is In Lieu Of Filing or Continuing a 1st or 2nd Appeal

9. After August 31, 2009 - The Applicant Must Request Arbitration, in writing, within 30 Days of the Determination in Dispute Disputes Must Be Eligible for an Appeal Per Time Limits in 44 CFR §206.206 Time Limits for a Determination… Arbitration is In Lieu Of Filing or Continuing a 1st or 2nd Appeal

10. US Civilian Board of Contract Appeals (CBCA) Panel is Composed of Three Arbitrators Panel for each Appeal Chosen By the Arbitration Administrator Arbitration Administrator Notifies All Parties of Names of Arbitrators on the Panel Arbitration Panel…

11. Written Statement of Dispute and Request for Arbitration All Documentation Supporting the Applicant’s Position All information necessary for the arbitration panel to make an informed decision There is no limit on amount of documentation that may be provided Applicants are encouraged to describe their claims in sufficient detail to make the circumstances of the dispute clear to the arbitration panel Withdrawal of Pending Appeal, if Applicable Disaster Number Name and Address of Applicant’s Authorized Representative or Counsel Content of Request for Arbitration…

12. Must Submit Written Request & Documentation Simultaneously to Grantee, the FEMA Regional Administrator and Arbitration Administrator Within 30 Calendar Days of Receipt of Notice of the Determination Appeals Pending a Decision on 2/17/09 and 2nd Appeal Decisions Between 2/17/09 – 10/30/09 The Applicant Must Request Arbitration within 60 Days From Date Final Rule Was Published – October 30, 2009 Submit a Withdrawal of the Pending Appeal, if Applicable by October 30, 2009 Submission by Applicant…

13. Within 15 Days of Receipt of Request from Applicant Forward Name and Address of the Grantee’s Authorized Representative or Counsel Simultaneously to: FEMA Regional Administrator Arbitration Administrator Applicant May Forward a Written Recommendation in Support or Opposition to the Applicant’s Request Simultaneously to: FEMA Regional Administrator Arbitration Administrator Applicant Submission by Grantee…

14. Within 30 Days of Receipt of Request from Applicant Simultaneously Forward FEMA’s Response to: Grantee Arbitration Administrator Applicant Written Submission to Include: Memorandum in Support FEMA’s Response A Copy of the Project Worksheet All Supporting Documentation Name and Address of Authorized Representative or Counsel Submission by FEMA…

15. Provide a Docket Number for Each Request for Arbitration it Receives Arbitration Administrator Selects 3 Members for the Arbitration Panel Contacts All Parties to set up a Preliminary Conference by Telephone Set the Date and Location for the Hearing if a Hearing Has Been Requested Render Final Determination Based on Relevant Written Materials and Oral Presentations, if any. Arbitration Panel’s Responsibilities…

16. Held Within 10 Days After Panel Receives FEMA’s Response to the Request for Arbitration Teleconference with All Parties Purpose: Address Future Conduct of the Case Clarification of Disputed Issues Possible Arbitrator Disqualification Schedule of Hearings and Hearing Location if Requested Applicant and/or FEMA Must Request Hearing Prior to Preliminary Conference Other Administrative Matters Preliminary Conference…

17. Name of Presenter if Hearing is Requested Hearing Held Within 60 Calendar Days After Preliminary Conference Oral Presentation In Person Or by Telephone All Parties Must be Able to Simultaneously Hear All Other Participants The Parties May Not Engage in Discovery or Provide Additional Paper Submissions at the Hearing Panel May Request Additional Written Materials from Either Party And Parties May Make Request to Submit Additional Written Materials Following the Hearing. Discretion to Grant Request Rests with the Panel. Hearing…

18. Will Consider All Relevant Written Materials Will Consider Oral Presentations Panel May Seek Independent Expert Advice Engineers Architects Subject Matter Experts Review by the Arbitration Panel…

19. Majority of the Panel Will Constitute a Final Decision Final Decision is Binding for All Parties No Further Administrative Review Not Subject to Judicial Review Except as Permitted by 9 U.S.C. 10 Finality of Decision…

20. Appeal – Two-level Procedure under 44 CFR §206.206 to Resolve an Agency Determination with an Agency Decision Application – A Project Worksheet Before it is Approved ARRA – American Recovery & Reinvestment Act of 2009 CBCA – US Civilian Board of Contract Appeals Decision – Outcome of an Appeal or Arbitration Request Determination – Non Appealed FEMA Action in Dispute Docket Number – Tracking Number Provided by the CBCA Definitions…

21. Final Rule – Regulations Based on Section 601 of the ARRA Hearing – Oral Presentation Requested by the Applicant or FEMA Panel – The Arbitration Panel from the CBCA Preliminary Conference – Panel Initiated Teleconference With All Parties Project – Project Worksheet May Include More Than One Site May Include More than One Project Worksheet Time Limit – Number of Days to File an Appeal, Arbitration Request or Issue a Decision Definitions, cont…

22. Questions ?