Notice, hearing, and grievance procedures

42 U.S.C. § 12636

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER I—NATIONAL AND COMMUNITY SERVICE STATE GRANT PROGRAM
• Part: III

Text

(a) In general
The Corporation may in accordance with the provisions of this subchapter, suspend or terminate payments under a contract or grant providing assistance under this subchapter, or revoke the designation of positions, related to the grant or contract, as approved national service positions, whenever the Corporation determines there is a material failure to comply with this subchapter or the applicable terms and conditions of any such grant or contract issued pursuant to this subchapter.
The Corporation shall prescribe procedures to ensure that—
(A) assistance provided under this subchapter shall not be suspended for failure to comply with the applicable terms and conditions of this subchapter except, in emergency situations, a suspension may be granted for 1 or more periods of 30 days not to exceed a total of 90 days; and
(B) assistance provided under this subchapter shall not be terminated or revoked for failure to comply with applicable terms and conditions of this subchapter unless the recipient of such assistance has been afforded reasonable notice and opportunity for a full and fair hearing.
(b) Hearings
Hearings or other meetings that may be necessary to fulfill the requirements of this section shall be held at locations convenient to the recipient of assistance under this subchapter.
(c) Transcript or recording
A transcript or recording shall be made of a hearing conducted under this section and shall be available for inspection by any individual.
(d) State legislation
Nothing in this subchapter shall be construed to preclude the enactment of State legislation providing for the implementation, consistent with this subchapter, of the programs administered under this subchapter.
(e) Construction
Nothing in this subchapter shall be construed to link performance of service with receipt of Federal student financial assistance, other than assistance provided pursuant to this chapter.
(f) Grievance procedure
An entity that receives assistance under this subchapter shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, and other interested individuals concerning projects that receive assistance under this subchapter, including grievances regarding proposed placements of such participants in such projects.
Except for a grievance that alleges fraud or criminal activity, a grievance shall be made not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance.
A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance.
A decision on any such grievance shall be made not later than 60 days after the filing of such grievance.
In the event of a decision on a grievance that is adverse to the party who filed such grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties.
If the parties cannot agree on an arbitrator, the Chief Executive Officer shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from one of the parties to the grievance.
An arbitration proceeding shall be held not later than 45 days after the request for such arbitration proceeding, or, if the arbitrator is appointed by the Chief Executive Officer in accordance with subparagraph (A)(ii), not later than 30 days after the appointment of such arbitrator.
A decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins.
Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.
If a participant, labor organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the State or local applicant described in paragraph (1) that is a party to such grievance shall pay the total cost of such proceeding and the attorneys' fees of such participant, labor organization, or individual, as the case may be.
If a grievance is filed regarding a proposed placement of a participant in a project that receives assistance under this subchapter, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection.
Remedies for a grievance filed under this subsection include—
(A) suspension of payments for assistance under this subchapter;
(B) termination of such payments;
(C) prohibition of the placement described in paragraph (5);
(D) in a case in which the grievance is filed by an individual applicant or participant—
(i) the applicant's selection or the participant's reinstatement, as the case may be; and
(ii) other changes in the terms and conditions of service applicable to the individual; and
(E) in a case in which the grievance involves a violation of subsection (a) or (b) of section 12637 of this title and the employer of the displaced employee is the recipient of assistance under this subchapter—
(i) reinstatement of the displaced employee to the position held by such employee prior to displacement;
(ii) payment of lost wages and benefits of the displaced employee;
(iii) reestablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and
(iv) such equitable relief as is necessary to correct any violation of subsection (a) or (b) of section 12637 of this title or to make the displaced employee whole.
Suits to enforce arbitration awards under this section may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties.

History

(Pub. L. 101–610, title I, §176, Nov. 16, 1990, 104 Stat. 3161; Pub. L. 103–82, title I, §116, title IV, §402(b)(1), Sept. 21, 1993, 107 Stat. 863, 918; Pub. L. 111–13, title I, §1604, Apr. 21, 2009, 123 Stat. 1529.)

Editorial Notes

Editorial Notes

References in Text
This chapter, referred to in subsec. (e), was in the original "this Act", meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, known as the National and Community Service Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables.

Amendments
2009—Subsec. (a)(2)(A). Pub. L. 111–13, §1604(1), substituted "1 or more periods of 30 days not to exceed a total of 90 days" for "30 days".
Subsec. (f)(1). Pub. L. 111–13, §1604(2)(A), substituted "An entity" for "A State or local applicant".
Subsec. (f)(6)(D), (E). Pub. L. 111–13, §1604(2)(B), added subpar. (D) and redesignated former subpar. (D) as (E).
1993—Subsec. (a)(1). Pub. L. 103–82, §402(b)(1), substituted "Corporation" for "Commission" in two places.
Pub. L. 103–82, §116(a)(1), inserted ", or revoke the designation of positions, related to the grant or contract, as approved national service positions," after "assistance under this subchapter".
Subsec. (a)(2). Pub. L. 103–82, §402(b)(1), substituted "Corporation" for "Commission" in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 103–82, §116(a)(2), inserted "or revoked" after "terminated".
Subsec. (e). Pub. L. 103–82, §116(b), inserted before period at end ", other than assistance provided pursuant to this chapter".
Subsec. (f). Pub. L. 103–82, §116(c), amended subsec. (f) generally, substituting pars. (1) to (6) for former pars. (1) to (6) relating to same subjects and adding par. (7).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment
Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.

Effective Date of 1993 Amendment
Amendment by section 116 of Pub. L. 103–82 effective Oct. 1, 1993, see section 123 of Pub. L. 103–82, set out as a note under section 1701 of Title 16, Conservation.
Amendment by section 402(b)(1) of Pub. L. 103–82 effective Oct. 1, 1993, see section 406(a) of Pub. L. 103–82, set out as a note under section 5061 of this title.