[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: 45CFR1211.1-12]



[Page 41-42]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1211_VOLUNTEER GRIEVANCE PROCEDURES--Table of Contents

 

Sec. 1211.1-12  Investigation by Grievance Examiner.



    (a) Scope of investigation. The Examiner shall conduct an 

investigation of a nature and scope appropriate to the issues involved 

in the grievance.

    Unless waived by the volunteer, a hearing must be held if the 

Examiner finds that the grievance involves disputed questions of fact 

that go to the heart of the agency determination. Only those facts found 

necessary by the Examiner on which to base his or her findings go to the 

heart of the Agency determination.

    If the grievance does not involve such disputed questions of fact, 

or if the volunteer waives a hearing, the Examiner need not hold a 

hearing but must provide the parties an opportunity for presentation of 

their respective positions. At the Examiner's discretion, the 

investigation may include:

    (1) The securing of documentary evidence,

    (2) Personal interviews, including telephone interviews,

    (3) Group meetings,

    (4) Affidavits, written interrogatories or depositions.

    (b) Conduct of Hearing. If a hearing is held, the conduct of the 

hearing and production of witnesses shall conform with the following 

requirements:

    (1) The hearing shall be held at a time and place determined by the 

Examiner who shall consider the convenience of parties and witnesses and 

expense to the Government in making his or her decision.

    (2) Attendance at the hearing will be limited to persons determined 

by the Examiner to have a direct connection with the grievance. If 

requested by the volunteer, the Examiner must open the hearing to the 

public.

    (3) The hearing shall be conducted so as to bring out pertinent 

facts, including the production of pertinent records.

    (4) Formal rules of evidence shall not be applied strictly, but the 

Examiner may exclude irrelevant or unduly repetitious testimony or 

evidence.

    (5) Decisions on the admissibility of evidence or testimony shall be 

made by the Examiner.

    (6) Testimony shall be under oath or affirmation, administered by 

the Examiner.

    (7) The Examiner shall give the parties an opportunity to present 

oral and written testimony that is relevant and material, and to cross-

examine witnesses who testify.

    (8) The Examiner may exclude any person from the hearing for conduct 

that obstructs the hearing.

    (c) Witnesses. (1) All parties are entitled to produce witnesses.

    (2) Volunteers, employees of a sponsor, and employees of ACTION 

shall be made available as witnesses when requested by the Examiner. The 

Examiner may request witnesses on his or her initiative. Parties shall 

furnish to the Examiner and to opposing parties a list of proposed 

witnesses, and an explanation of what the testimony of each is expected 

to show, at least ten (10) calendar days before the date of the hearing. 

The Examiner may waive the time limit in appropriate circumstances.

    (3) Employees of ACTION shall remain in a duty status during the 

time they are made available as witnesses.

    (4) Volunteers, employees and any other persons who serve as 

witnesses shall be free from coercion, discrimination or reprisal for 

presenting their testimony.

    (5) The Examiner must authorize payment of travel expenses and per



[[Page 42]]



diem at standard Government rates for the volunteer and the 

representative to attend the hearing. Payment of travel expenses and per 

diem at standard Government rates for other witnesses to attend the 

hearing are authorized only after the Examiner determines that the 

required testimony cannot be satisfactorily obtained by affidavit, 

written interrogatories, or deposition, at a lesser cost.

    (d) Recording of Hearing. A grievant may make a recording of the 

hearing at his or her own expense if no verbatim transcript is made. 

Such a recording is in no way to be treated as the official transcript 

of the hearing.

    (e) Report of Hearing. The Examiner shall normally prepare a written 

summary of the hearing which shall include all documents and exhibits 

submitted to and accepted by the Examiner during the course of the 

grievance. An Examiner may require a verbatim transcript if he or she 

determines that the grievance is so complex as to require such a 

transcript. If the hearing is reported verbatim, the Examiner shall make 

the transcript a part of the record of the proceedings. If the hearing 

is not reported verbatim, a suitable summary of pertinent portions of 

the testimony shall be made part of the record of proceedings. In such 

cases, the summary together with exhibits shall constitute the report of 

the hearing. The parties are entitled to submit written exceptions to 

any part of the summary, and these written exceptions shall be made part 

of the record of proceedings.