[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: 45CFR1210.3-4]



[Page 33-34]

 

                        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. 1210.3-4  Initiation of termination.



    (a) Opportunity for Resignation. In instances where ACTION has 

reason to believe that a Volunteer is subject to termination for any of 

the grounds cited in Sec. 1210.3-1, an ACTION staff member will discuss 

the matter with the Volunteer. If, after the discussion, the staff 

member believes that grounds for termination exist, the Volunteer will 

be given an opportunity to resign. If the Volunteer chooses not to 

resign, the administrative procedures outlined below will be followed.

    (b) Notification of Proposed Termination. The Volunteer will be 

notified, in writing by certified mail, of ACTION's intent to terminate 

him or her by the ACTION State Director at least 15 days in advance of 

the proposed termination date. The letter must give the reasons for 

termination, and notify the Volunteer that he or she has 10 days within 

which to answer in writing and to furnish any affidavits or written 

material. This answer must be submitted to the ACTION State Director or 

a designee identified in the notice of proposed termination.

    (c) Review and Notice of Decision. (1) Within 5 working days after 

the date of



[[Page 34]]



receipt of the Volunteer's answer, the State Director or designee will 

send a written Notice of Decision to the Volunteer by certified mail. 

(If no answer is received from the Volunteer within the time specified, 

the State Director or designee will send such notice within 5 days after 

the expiration of the Volunteer's time to answer.)

    (2) If the decision is to terminate the Volunteer, the Notice will 

set forth the reasons for the decision, the effective date of 

termination (which, if the Volunteer has filed an answer, may not be 

earlier than 10 days after the date of the Notice of Decision), and the 

fact that the Volunteer has 10 days in which to submit a written appeal 

to the Regional Director.

    (3) A Volunteer who has not filed an answer pursuant to the 

procedures outlined above is not entitled to appeal the decision or 

request a hearing and may be terminated on the date of the Notice.

    (d) Allowances and Project Activities. (1) A Volunteer who files an 

answer within the 10 days allowed by Sec. 1210.3-4(b) with the State 

Director or designee following receipt of the notice of proposed 

termination, will be placed in Administrative Hold status, and may 

continue to receive regular allowances, but no stipend, in accordance 

with ACTION policy, until the appeal is finally decided. The Volunteer 

may not engage in any project related activities during this time.

    (2) If the proposed termination is reversed, the Volunteer's stipend 

and any other allowances lost during the period of review will be 

reinstated retroactively.