[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1210.3-2]

[Page 32-33]
 
                        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.  1210.3-2  Removal from project.

    (a) Removal of a Volunteer from the project assignment may be 
requested and obtained by a written request supported by a statement of 
reason by:
    (1) The Governor or chief executive officer of the State or similar 
jurisdiction in which the Volunteer is assigned or,
    (2) The sponsoring organization. The sole responsibility for 
terminating or transferring a Volunteer rests with the ACTION Agency.
    (b) A request for removal of a Volunteer must be submitted to the 
ACTION State Director, who will in turn notify the Volunteer of the 
request. The State Director, after discussions with the Volunteer and in 
consultation with the Regional Director, if necessary, has 15 days to 
attempt to resolve the situation with the sponsor or the Governor's

[[Page 33]]

office. If the situation is not resolved at the end of the 15 day 
period, the Volunteer will be removed from the project and placed on 
Administrative Hold, pending a decision as set forth in paragraph (c) of 
this section.
    (c) The State office will take one of the following actions 
concerning a Volunteer who has been removed from a project assignment:
    (1) Accept the Volunteer's resignation;
    (2) If removal was requested for reasons other than those listed in 
Sec.  1210.3-1, ACTION will attempt to place the Volunteer on another 
project. If reassignment is not possible, the Volunteer will be 
terminated for lack of suitable assignment, and he or she will be given 
special consideration for reinstatement; or
    (3) If removal from the project is approved based on any of the 
grounds for early termination as set forth in Sec.  1210.3-1, the 
Volunteer may appeal the termination grounds as detailed in subpart C of 
this part to establish whether such termination is supported by 
sufficient evidence. If ACTION determines that the removal based on 
grounds detailed in Sec.  1210.3-1 is not established by adequate 
evidence, then the procedures outlined in Sec.  1210.3-2(c)(2) will be 
followed.
    (d) A Volunteer's removal during a term of service may also occur as 
a result of either the termination of, or refusal to renew, the 
Memorandum of Agreement between ACTION and the sponsoring organization, 
or the termination or completion of the initial Volunteer assignment. In 
such cases, the Volunteer will be placed in Administrative Hold status 
while the Regional Office attempts to reassign the Volunteer to another 
project. If no appropriate reassignment within the Region is found 
within the Administrative Hold period, the Volunteer will be terminated 
but will receive special consideration for reinstatement as soon as an 
appropriate assignment becomes available. If appropriate reassignment is 
offered the Volunteer and declined, ACTION has no obligation to offer 
additional or alternative assignments.