[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1210.3-2]



[Page 32-33]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1210_VISTA TRAINEE DESELECTION AND VOLUNTEER EARLY TERMINATION 

PROCEDURES--Table of Contents

 

               Subpart C_VISTA Volunteer Early Termination

 

Sec. 1210.3-2  Removal from project.



    (a) Removal of a Volunteer from the project assignment may be 

requested and obtained by a written request supported by a statement of 

reason by:

    (1) The Governor or chief executive officer of the State or similar 

jurisdiction in which the Volunteer is assigned or,

    (2) The sponsoring organization. The sole responsibility for 

terminating or transferring a Volunteer rests with the ACTION Agency.

    (b) A request for removal of a Volunteer must be submitted to the 

ACTION State Director, who will in turn notify the Volunteer of the 

request. The State Director, after discussions with the Volunteer and in 

consultation with the Regional Director, if necessary, has 15 days to 

attempt to resolve the situation with the sponsor or the Governor's



[[Page 33]]



office. If the situation is not resolved at the end of the 15 day 

period, the Volunteer will be removed from the project and placed on 

Administrative Hold, pending a decision as set forth in paragraph (c) of 

this section.

    (c) The State office will take one of the following actions 

concerning a Volunteer who has been removed from a project assignment:

    (1) Accept the Volunteer's resignation;

    (2) If removal was requested for reasons other than those listed in 

Sec. 1210.3-1, ACTION will attempt to place the Volunteer on another 

project. If reassignment is not possible, the Volunteer will be 

terminated for lack of suitable assignment, and he or she will be given 

special consideration for reinstatement; or

    (3) If removal from the project is approved based on any of the 

grounds for early termination as set forth in Sec. 1210.3-1, the 

Volunteer may appeal the termination grounds as detailed in subpart C of 

this part to establish whether such termination is supported by 

sufficient evidence. If ACTION determines that the removal based on 

grounds detailed in Sec. 1210.3-1 is not established by adequate 

evidence, then the procedures outlined in Sec. 1210.3-2(c)(2) will be 

followed.

    (d) A Volunteer's removal during a term of service may also occur as 

a result of either the termination of, or refusal to renew, the 

Memorandum of Agreement between ACTION and the sponsoring organization, 

or the termination or completion of the initial Volunteer assignment. In 

such cases, the Volunteer will be placed in Administrative Hold status 

while the Regional Office attempts to reassign the Volunteer to another 

project. If no appropriate reassignment within the Region is found 

within the Administrative Hold period, the Volunteer will be terminated 

but will receive special consideration for reinstatement as soon as an 

appropriate assignment becomes available. If appropriate reassignment is 

offered the Volunteer and declined, ACTION has no obligation to offer 

additional or alternative assignments.