[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1210.3-7]



[Page 35-36]

 

                        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.  1210.3-7  Inquiry by Hearing Examiner.



    (a) Scope of Inquiry. (1) The Examiner shall conduct an inquiry of a 

nature and scope appropriate to the issues involved in the termination. 

If the Examiner determines that the termination involves relevant 

disputed issues of fact, the Examiner must hold a hearing unless it is 

waived by the Volunteer. If the Examiner determines that the termination 

does not involve relevant disputed issues of facts, the Examiner need 

not hold a hearing, but must provide the parties an opportunity for oral 

presentation of their respective positions. At the Examiner's 

discretion, the inquiry may include:

    (i) The securing of documentary evidence;

    (ii) Personal interviews, including telephone interviews;

    (iii) Group meetings; or

    (iv) Affidavits, written interrogatories or depositions.

    (2) The Examiner's inquiry shall commence within 7 days after 

referral by the Regional Director. The Examiner shall issue a report as 

soon as possible, but within 30 days after referral, except when a 

hearing is held. If hearing is held, the Examiner shall issue a report 

within 45 days after the referral.

    (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 the decision.

    (2) Ordinarily, attendance at the hearing will be limited to persons 

determined by the Examiner to have a direct connection with it. 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) 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 appear to 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 own 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 10 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 expense and per 

diem at standard Government rates for the Volunteer and a representative 

to attend the hearing.

    (6) The Examiner may authorize payment of travel expense and per 

diem at standard Government rates for other necessary witnesses to 

attend the hearing if he or she determines that the required testimony 

cannot be satisfactorily obtained by affidavit, written interrogatories 

or deposition at less cost.

    (d) Report of Hearing. (1) The Examiner shall determine how any 

hearing shall be reported and shall have either a verbatim transcript or 

written summary of the hearing prepared, which shall include all 

pertinent documents and exhibits submitted and accepted. If the hearing 

is reported verbatim, the Examiner shall make the transcript a part of 

the record of the proceedings.

    (2) If the hearing is not reported verbatim, a suitable summary of 

pertinent



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portions of the testimony shall be made part of the record of 

proceedings. When agreed to in writing, the summary constitutes the 

report of the hearing. If the Examiner and the parties fail to agree on 

the hearing summary, the parties are entitled to submit written 

exceptions to any part of the summary, and these written exceptions and 

the summary will constitute the report of the hearing and shall be made 

part of the record of proceedings.

    (3) The Volunteer may make a recording of the hearing at the 

Volunteer's own expense if no verbatim transcript is made.