[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1213.5-5]

[Page 49]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 1213--ACTION COOPERATIVE VOLUNTEER PROGRAM--Table of Contents
 
   Subpart E--Administrative Hold--Grievances, Removal, Resignation, 
                       Suspension and Termination
 
Sec. 1213.5-5  Suspension and termination.

    (a) Causes. ACTION may suspend or terminate a volunteer for any of 
the following reasons:
    (1) Conviction of any criminal offense under Federal, state, or 
local statute or ordinance;
    (2) Violation of any provision of the Domestic Volunteer Service Act 
of 1973, or any ACTION policy, regulation or instruction;
    (3) Failure, refusal or inability to perform prescribed project 
duties as outlined in the project proposal and directed by the 
sponsoring organization to which the volunteer is assigned;
    (4) Involvement in activities which substantially interfere with the 
volunteer's performance of his/her duties on the project;
    (5) Intentional false statement, omission, fraud, or deception in 
obtaining selection as a volunteer;
    (6) Any conduct on the part of the volunteer which substantially 
diminishes his/her effectiveness as a volunteer;
    (7) Inability to perform the project duties because of serious 
illness, medical disability, or pregnancy, as determined by the 
attending physician, in accordance with ACTION policy;
    (8) Lack of a viable job for which the volunteer is qualified if the 
initial job assignment ends or is terminated prior to completion of a 
period of service;
    (9) Unsatisfactory job performance. Procedures for the suspension 
and termination of volunteers are contained in part 1210.
    (b) Suspension. Volunteers may be suspended for up to 30 days to 
enable ACTION to determine whether termination proceedings should be 
started against the volunteer. Suspension is not warranted if sufficient 
evidence exists to start termination proceedings.
    (c) Termination of or refusal to renew ACTION/sponsoring 
organization agreement. If the Memorandum of Agreement between ACTION 
and a sponsoring organization is terminated or not renewed, a volunteer 
who is removed from the project and whose removal was not caused by 
conduct which would otherwise be grounds for termination is entitled to 
the following administrative considerations:
    (1) Reassignment to another project where possible.
    (2) If reassignment is not possible at the time of project close-
out, and if the volunteer wishes to resume service (provided that his/
her job performance has been satisfactory), he/she may, at the 
discretion of the Regional Director, receive special consideration for 
reinstatement as soon as an appropriate slot is open.

If a volunteer wishes, he/she may terminate without prejudice in the 
event that a Memorandum of Agreement between ACTION and the sponsor is 
terminated.
    (d) Deselection of a provisional volunteer. The Regional Director 
may deselect a provisional volunteer on the grounds listed in paragraph 
(a) of this section or for a failure to meet training or selection 
standards during pre-service orientation. Procedures for such 
deselection are contained in part 1210.

[40 FR 10670, Mar. 7, 1975; 46 FR 6951, Jan. 22, 1981]