[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: 45CFR1211.1-11]



[Page 40-41]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1211_VOLUNTEER GRIEVANCE PROCEDURES--Table of Contents

 

Sec. 1211.1-11  Initiation of formal grievance procedure.



    (a) Submission of grievance to Regional Director. If a volunteer is 

dissatisfied with the response of the State Director or designee 

required by Sec. 1211.1-10(b), he or she may present the grievance in 

writing to the Regional Director. To be eligible for the formal 

grievance procedure, the volunteer must have completed action under the 

informal procedure contained in Sec. 1211.1-10 or have alleged that the 

State Director or designee exceeded the time specified for response.

    (b) Contents of grievance. The volunteer's grievance must be in 

writing, contain sufficient detail to identify the subject matter of the 

grievance, specify the relief requested, and be signed by the volunteer 

or a person designated in writing by the volunteer to be the 

representative for the purpose of the grievance.

    (c) Time limit. The volunteer must submit the grievance to the 

Regional Director or designee no later than 15 calendar days after 

receipt of the informal response by the State Director or designee. If 

no response is received by the volunteer 15 calendar days after the 

grievance is received by the State Director or designee, the volunteer 

may submit the grievance directly to the Regional Director or designee 

for consideration.

    (d) Within ten (10) working days of the receipt of the grievance, 

the Regional Director or designee shall, in whole or in part, either 

decide it on its merits or reject the grievance. A grievance may be 

rejected, in whole or in part, for the following reasons:

    (1) It was not filed within the time limit specified in paragraph 

(c) of this section, or

    (2) The grievance consists of matters not contained within the 

definition of a grievance.

    (e) Rejection of a grievance by the Regional Director or designee 

may be appealed by the volunteer within ten (10) days of receipt of the 

notice to the Office of General Counsel. The Office shall immediately 

request the grievance file from the Regional Director and, within five 

(5) working days of receipt of it, determine the appropriateness of the 

rejection. If the grievance was properly rejected by the Regional 

Director, the Office shall so notify the volunteer of its opinion and 

the reasons supporting it, and that such rejection is the final Agency 

decision in the matter. If the Office determines that the grievance was 

improperly rejected, it shall return the grievance to the Regional 

Director for a determination on its merits by the Regional Director. 

Within ten (10) working days of such notification and receipt of the 

grievance file, the Regional Director or designee shall notify the 

volunteer in writing of the decision on the merits and specify the 

grounds



[[Page 41]]



for the decision and of the volunteer's right to appeal.

    (f) Time Limit. If a volunteer is dissatisfied with the decision of 

the Regional Director or designee on the merits of the grievance, he or 

she shall notify the Regional Director within five (5) calendar days 

from receipt of the decision and request the appointment of an Examiner. 

If the volunteer receives no response from the Regional Director or 

Office of General Counsel as required by paragraphs (d) and (e) of this 

section within five (5) calendar days after the prescribed time limits, 

the volunteer may request in writing that the Regional Director appoint 

a Grievance Examiner. Upon receipt of this request, the Regional 

Director or designee shall appoint within five (5) calendar days an 

Examiner who shall possess the qualifications specified in Appendix A to 

this part.