The National PREA Standards provide an opportunity for an agency to lodge an appeal with the Department of Justice (DOJ) regarding any specific audit finding that the agency believes to be incorrect. See 28 C.F.R. § 115.405(a).
Under the National PREA Standards, the only relief that an agency can receive from a favorable decision by DOJ following an appeal is that the agency may commission a re-audit by an auditor who is mutually agreed upon by the agency and DOJ. See 28 C.F.R. § 115.405(b).
Appeals must be lodged within 90 days of the auditor’s final determination. See 28 C.F.R. § 115.405(a). Within the same timeframe—90 days after the auditor issues the Final Report—the agency must publish the Final Report on its website if it has one, or otherwise must make it readily available to the public. See 28 C.F.R. §115.403(f). In the public notice, the agency may note if the Final Report is contested and under appeal.
The re-audit will be limited to the standards that are the subject of an appeal. The cost of the re-audit will be borne by the agency. The appeal will not result in a modification of the initial auditor’s Final Report.
An appeal must be in writing and must contain the specific rationale for the disagreement with the audit finding(s), including any additional factual information or documents that should be considered. The written appeal should be clearly labeled as a PREA Audit Appeal and sent to:
PREA Management Office
Bureau of Justice Assistance
Office of Justice Programs
810 7th Street, NW,
Washington, DC, 20531
Alternatively, the written appeal may be emailed to the PREA Management Office at [email protected]. If the appeal is emailed, please include the words “PREA Audit Appeal” in the Subject line. DOJ will carefully consider all relevant information before issuing a PREA Audit Appeal Determination, which will be issued in a timely manner.
In the event that an agency’s appeal is successful and the agency submits to a re-audit, the findings of the re-audit shall be considered final. See 28 C.F.R. § 115.405(c). There is no further right of appeal from a re-audit.
Updated October 22, 2014.