[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: 45CFR1220.2-3]



[Page 54]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1220_PAYMENT OF VOLUNTEER LEGAL EXPENSES--Table of Contents

 

                     Subpart B_Criminal Proceedings

 

Sec.  1220.2-3  Procedure.



    (a) Immediately upon the arrest of any volunteer under circumstances 

in which the payment of bail to prevent incarceration or other serious 

consequences to the volunteer or the retention of an attorney prior to 

arraignment is necessary and is covered under Sec.  1220.2-1 or Sec.  

1220.2-2, sponsors shall immediately notify the appropriate ACTION state 

office or if the state office cannot be reached, the appropriate 

regional office. The regional office shall provide each sponsor with a 

24-hour telephone number.

    (b) Immediately after notification of the appropriate office, and 

with the approval thereof, the sponsor shall advance up to $500 for the 

payment of bail or such other legal expenses as are necessary prior to 

arraignment to prevent the volunteer from being incarcerated. In the 

event it is subsequently determined that ACTION or a sponsor is not 

responsible under this policy for the volunteer's defense, any such 

advance may be recovered directly from the volunteer or from allowances, 

stipends, or out-of-pocket expenses which are payable or become payable 

to the volunteer. In the case of a grassroots sponsor of full-time 

volunteers which is not able to provide the $500 the ACTION state or 

regional office shall immediately make such sum available to the 

sponsor.

    (c) Immediately upon receipt of notification from the sponsor, the 

state or regional office shall notify the General Counsel, giving all 

facts and circumstances at that time known to such office. Thereafter 

the office shall cooperate with the General Counsel in making an 

investigation of all surrounding facts and circumstances and shall 

provide such information immediately to the General Counsel.

    (d) The General Counsel shall, upon notification by the state or 

regional office, determine the extent to which ACTION will provide funds 

for the volunteer's defense or reimburse a sponsor for funds it spends 

on the volunteer's behalf. Included in this responsibility shall be the 

negotiation of fees and approval of other costs and expenses. State and 

regional offices are not authorized to commit ACTION to the payment of 

volunteers' legal expenses or to reimburse a sponsor except as provided 

above, without the express consent of the General Counsel. Additionally, 

the General Counsel shall, in cases arising directly out of the 

performance of authorized project activities, ascertain whether the 

services of the United States Attorney can be made available to the 

volunteer.

    (e) The sponsor and the state and regional office shall have a 

continuing responsibility for cooperation and coordination with the 

Office of General Counsel during the pendency of any such litigation, 

and of notifying the General Counsel of any facts and circumstances 

which come to the attention of such office or the sponsor which affects 

such litigation.