Kansas ex rel. Hayden v. United States

751 F. Supp. 1495, 1990 U.S. Dist. LEXIS 16518, 1990 WL 198339
CourtDistrict Court, D. Kansas
DecidedNovember 5, 1990
DocketCiv. A. No. 90-4080-S
StatusPublished

This text of 751 F. Supp. 1495 (Kansas ex rel. Hayden v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kansas ex rel. Hayden v. United States, 751 F. Supp. 1495, 1990 U.S. Dist. LEXIS 16518, 1990 WL 198339 (D. Kan. 1990).

Opinion

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the motion of defendants United States of America, Federal Emergency Management Agency (“FEMA”), and Robert H. Morris, as Acting Director of FEMA (“Morris”) to reconsider or to alter or amend the court’s Memorandum and Order of September 10, 1990. 748 F.Supp. 797. In its previous order, the court denied defendants’ motion to dismiss, or in the alternative, motion for summary judgment.

Defendant’s motion to reconsider is made pursuant to D.Kan. 206(f). A motion to reconsider gives the court the opportunity to correct manifest errors of law or fact and to review newly discovered evidence. Harsco Corp. v. Zlotnicki, 779 F.2d 906, 909 (3rd Cir.1985), cert. denied, 476 U.S. 1171, 106 S.Ct. 2895, 90 L.Ed.2d 982 (1986). The decision to grant or deny a motion for reconsideration is committed to this court’s discretion. See Hancock v. Oklahoma City, 857 F.2d 1394, 1395 (10th Cir.1988).

Defendants contend that the court erred in holding that a genuine issue of material fact exists. In the court’s memorandum and order, the court concluded that plaintiff stated a claim and further concluded that a genuine issue of fact existed as to whether defendants had presented the plaintiff’s request for declaration of a major disaster to the President for his decision. In defendants’ present motion, defendants argue that whether the plaintiff’s request for declaration of disaster was presented to the President for his decision is immaterial because plaintiff’s complaint fails to state a claim. Accordingly, defendants assert that plaintiff’s claim should be dismissed.

Defendants premise their assertion on the ground that plaintiff’s failure to timely submit his request for declaration of major disaster constitutes a jurisdictional defect which completely bars plaintiff’s claim un[1497]*1497der applicable federal regulations, namely 44 C.F.R. § 206.36. This regulation provides in relevant part:

(a) When a catastrophe occurs in a State, the Governor of a State, or the Acting Governor in his/her absence, may request a major disaster declaration. The Governor should submit the request to the President through the appropriate Regional Director to ensure prompt acknowledgment and process. The request must be submitted within 30 days of the occurrence of the incident in order to be considered. The 30-day period may be extended by the Associate Director, provided that a written request for an extension is submitted by the Governor, or Acting Governor, during this 30-day period. The extension request will stipulate reasons for the delay.

44 C.F.R. § 206.36(a). In their motion to dismiss, defendants contend that plaintiffs request for declaration of major disaster is time-barred on its face because it was submitted after the 30-day period following the occurrence of the incident. Further, defendants state in their memorandum in support of their motion that, “[t]he denial letter repeated that, because the request for disaster relief had not been submitted within 30 days, it could not be granted.” Defendants’ memorandum, at 11. The court disagrees with defendants’ interpretation of the denial letter, particularly with the interpretation that the basis for denial of plaintiff’s request was lack of compliance with the 30-day submission requirement.1 Despite the court’s disagreement with defendants’ interpretation of the Morris letter, the court finds that it must grant defendant’s motion to reconsider. The court’s conclusion is premised on its finding that Mr. Morris’ apparent waiver of the 30-day submission period did not obviate the need for the plaintiff to submit a written request for an extension of time within the 30-day period as required by 44 C.F.R. § 206.36.

Upon reconsideration, the court finds that it erred in concluding that plaintiff’s failure to comply with the 30-day, post-incident submission requirement was not a jurisdictional defect based on Morris’ apparent waiver of the regulatory requirement. In order to determine whether plaintiff’s failure to satisfy the regulatory requirement that he submit his request within 30 days of the “occurrence of the incident” is a jurisdictional defect, the court must answer two questions. The first question is whether or not the regulatory provision which requires submission of the request within 30 days of the occurrence of the incident is legally valid. The second question is whether defendant may be estopped from raising the regulatory requirement or whether this requirement may be waived by the defendants.

Plaintiff has challenged the validity of 44 C.F.R. § 206.36. In plaintiff’s responsive memorandum, plaintiff argues that the 30-day, post-incident submission regulation is invalid because it is “superimposed” on the statutory scheme of the Disaster Relief Act, 42 U.S.C. § 5121 et seq., providing for disaster relief funds. In reviewing the validity of an administrative regulation, the court must begin with the proposition that “[o]ne claiming a regulation is invalid has the heavy burden to make its invalidity so manifest that the court has no choice except to hold that the [agency] has exceeded its authority and employed means that are not at all appropriate to the end specified in the Act of Congress.” Review Comm., Venue VII, Commodity Stabilization Serv., U.S. Dept. of Agric. v. Willey, 275 F.2d 264, 272, (8th Cir.1960), cert. denied, 363 U.S. 827, 80 S.Ct. 1597, 4 L.Ed.2d 1522 (1960). Moreover, the "regulation must be sustained if found to be reasonable and consistent with the statute.” King v. U.S., 545 F.2d 700, 706 (10th Cir.1976) (citing Comm’r. of Internal Revenue v. South Texas Lumber Co., 333 U.S. 496, 68 S.Ct. 695, 92 L.Ed. 831 (1948)). More recently, [1498]*1498the 10th Circuit Court of Appeals has stated that “regulations] promulgated by an administrative agency charged with the administration of an Act has the force and effect of law if it is reasonably related to administrative enforcement and does not contravene statutory provisions.” Joudeh v. United States, 783 F.2d 176, 180 (10th Cir.1986) (citations omitted). Furthermore, “[d]eference is accorded administrative regulations.” Wyoming Hosp. Ass’n. v. Harris, 727 F.2d 936, 939 (10th Cir.1984) (citation omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Federal Crop Ins. Corp. v. Merrill
332 U.S. 380 (Supreme Court, 1947)
Commissioner v. South Texas Lumber Co.
333 U.S. 496 (Supreme Court, 1948)
Schweiker v. Hansen
450 U.S. 785 (Supreme Court, 1981)
Harsco Corp. v. Lucjan Zlotnicki
779 F.2d 906 (Third Circuit, 1986)
State of Kan. Ex Rel. Hayden v. United States
748 F. Supp. 797 (D. Kansas, 1990)
Wyoming Hospital Ass'n v. Harris
727 F.2d 936 (Tenth Circuit, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
751 F. Supp. 1495, 1990 U.S. Dist. LEXIS 16518, 1990 WL 198339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-ex-rel-hayden-v-united-states-ksd-1990.