42 U.S. Code § 12636 - Notice, hearing, and grievance procedures
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.
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.
A transcript or recording shall be made of a hearing conducted under this section and shall be available for inspection by any individual.
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.
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.
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.
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.
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).
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