§ 12636. Notice, hearing, and grievance procedures

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   National and Community Service Act of 1990

   Pub. L. 101–610 title I § 176 · 104 Stat. 3127

   Enacted · 42 U.S.C. § 12636

   Pub. L. 101–610, title I, § 176, Nov. 16, 1990, 104 Stat. 3161

   Source evidence

   Code source credit
   Pub. L. 101–610, title I, § 176, Nov. 16, 1990, 104 Stat. 3161

   Enacted provision · exact public law section
   SEC. 176. NOTICE, HEARING, AND GRIEVANCE PROCEDURES. (a) In General.— (1) Suspension of payments.— The Commission may in accordance with the provisions of this title, suspend or terminate payments under a contract or grant providing assistance under this title whenever the Commission determines there is a material failure to comply with this title or the applicable terms and conditions of any such grant or contract issued pursuant to this title. (2) Procedures to ensure assistance.— The Commission shall prescribe procedures to ensure that— (A) assistance provided under this title shall not be suspended for failure to comply with the applicable terms and conditions of this title except, in emergency situations, a suspension may be granted for 30 days; and (B) assistance provided under this title shall not be terminated for failure to comply with applicable terms and conditions of this title 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 title. (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 Legislatio.— Nothing in this title shall be construed to preclude the enactment of State legislation providing for the implementation, consistent with this title, of the programs administered under this title. (e) Construction.— Nothing in this title shall be construed to link performance of service with receipt of Federal student financial assistance. (f) Grievance Procedur.— (1) In general.— State and local applicants that receive assistance under this title shall establish and maintain a procedure to adjudicate grievances from participants, labor organizations, and other interested individuals concerning programs that receive assistance under this title, including grievances regarding proposed placements of such participants in such projects. (2) Deadline for grievances.— 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. (3) Deadline for hearing and decision.— (A) Hearing.— A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days of filing such grievance. (B) Decision.— A decision on any grievance shall be made not later than 60 days after the filing of such grievance. (4) Arbitration.— (A) In general.— On the occurrence of an adverse grievance decision, or 60 days after the filing of such grievance if no decision has been reached, the party filing the grievance shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties. (B) Deadline for proceeding.— An arbitration proceeding shall be held not later than 45 days after the request for such arbitration. (C) Deadline for decision.— A decision concerning such grievance shall be made not later than 30 days after the date of such arbitration proceeding. (D) Cost.— The cost of such arbitration proceeding shall be divided evenly between the parties to the arbitration. (5) Proposed placement.— If a grievance is filed regarding a proposed placement of a participant in a program that receives assistance under this title, such placement shall not be made unless it is consistent with the resolution of the grievance pursuant to this subsection. (6) Remedies.— Remedies for a grievance filed under this subsection include— (A) suspension of payments for assistance under this title; (B) termination of such payments; and (C) prohibition of such placement described in paragraph (5).

2. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 § 402(b)(1) · 107 Stat. 785

   Substituted · 42 U.S.C. § 12636(a)(1)

   Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission” in two places.

   Enacted provision · exact public law section
   (1) Sections 159(b)(2) (as redesignated in section 104(b)(3) of this Act) and 165 (as redesignated in section 104(b)(3) of this Act), subsections (a) and (b) of section 172, sections 176(a) and 177(c), and subsections (a), (b), and (d) through (h) of section 179, of the National and Community Service Act of 1990 (42 U.S.C. 12653h(b)(2), 12653n, 12632 (a) and (b), 12636(a), 12637(c), and 12639 (a), (b), and (d) through (h)) are each amended by striking the term “Commission” each place the term appears and inserting “Corporation”.

3. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 § 116(a)(1) · 107 Stat. 785

   Inserted · 42 U.S.C. § 12636(a)(1)

   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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by inserting “, or revoke the designation of positions, related to the grant or contract, as approved national service positions,” before “whenever the Commission”; and

4. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 § 402(b)(1) · 107 Stat. 785

   Substituted · 42 U.S.C. § 12636(a)(2)

   Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–82, § 402(b)(1), substituted “Corporation” for “Commission” in introductory provisions.

   Enacted provision · exact public law section
   (1) Sections 159(b)(2) (as redesignated in section 104(b)(3) of this Act) and 165 (as redesignated in section 104(b)(3) of this Act), subsections (a) and (b) of section 172, sections 176(a) and 177(c), and subsections (a), (b), and (d) through (h) of section 179, of the National and Community Service Act of 1990 (42 U.S.C. 12653h(b)(2), 12653n, 12632 (a) and (b), 12636(a), 12637(c), and 12639 (a), (b), and (d) through (h)) are each amended by striking the term “Commission” each place the term appears and inserting “Corporation”.

5. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 § 116(a)(2) · 107 Stat. 785

   Inserted · 42 U.S.C. § 12636(a)(2)(B)

   Pub. L. 103–82, § 116(a)(2), inserted “or revoked” after “terminated”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 103–82, § 116(a)(2), inserted “or revoked” after “terminated”.

   Enacted provision · exact public law section
   (2) in paragraph (2)(B), by inserting “or revoked” after “terminated”.

6. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 § 116(b) · 107 Stat. 785

   Inserted · 42 U.S.C. § 12636(e)

   Pub. L. 103–82, § 116(b), inserted before period at end “, other than assistance provided pursuant to this chapter”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–82, § 116(b), inserted before period at end “, other than assistance provided pursuant to this chapter”.

   Enacted provision · exact public law section
   (b) Construction.— Section 176(e) of such Act (42 U.S.C. 12636(e)) is amended by adding before the period the following “, other than assistance provided pursuant to this Act”.

7. 1993

   National and Community Service Trust Act of 1993

   Pub. L. 103–82 § 116(c) · 107 Stat. 785

   1. Amended · 42 U.S.C. § 12636(f)

      Pub. L. 103–82, § 116(c), amended subsec. (f) generally

   2. Substituted · 42 U.S.C. § 12636(f)

      Pub. L. 103–82, § 116(c), substituting pars. (1) to (6) for former pars. (1) to (6) relating to same subjects

   3. Added · 42 U.S.C. § 12636(f)

      Pub. L. 103–82, § 116(c), adding par. (7)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (c) Grievance Procedure.— Section 176(f) of such Act is amended to read as follows: “(f) Grievance Procedure.— “(1) In general.— A State or local applicant that receives assistance under this title 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 title, including grievances regarding proposed placements of such participants in such projects. “(2) Deadline for GRIEVANCES.— 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. “(3) Deadline for hearing and decision .— “(A) Hearing.— A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance. “(B) Decision.— A decision on any such grievance shall be made not later than 60 days after the fifing of such grievance. “(4) Arbitration.— “(A) In general.— “(i) Jointly selected arbitrator.— In the event of a decision on a grievance that is adverse to the party who filed such grievance, or 60 days after the fifing 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. “(ii) Appointed arbitrator.— 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. “(B) Deadline for proceeding.— 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. “(C) Deadline for decision.— A decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins. “(D) Cost.— “(i) In general.— Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. “(ii) Exception.— 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. “(5) Proposed placement.— If a grievance is filed regarding a proposed placement of a participant in a project that receives assistance under this title, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection. “(6) Remedies.— Remedies for a grievance filed under this subsection include— “(A) suspension of payments for assistance under this title; “(B) termination of such payments; “(C) prohibition of the placement described in paragraph (5); and “(D) in a case in which the grievance involves a violation of subsection (a) or (b) of section 177 and the employer of the displaced employee is the recipient of assistance under this title— “(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 177 or to make the displaced employee whole. “(7) Enforcement.— 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.”.

8. 2009

   Serve America Act

   Pub. L. 111–13 § 1604(1) · 123 Stat. 1460

   Substituted · 42 U.S.C. § 12636(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) in subsection (a)(2)(A), by striking “30 days” and inserting “1 or more periods of 30 days not to exceed a total of 90 days”; and

   Effective date note
   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.

9. 2009

   Serve America Act

   Pub. L. 111–13 § 1604(2)(A) · 123 Stat. 1460

   Substituted · 42 U.S.C. § 12636(f)(1)

   Pub. L. 111–13, § 1604(2)(A), substituted “An entity” for “A State or local applicant”

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 111–13, § 1604(2)(A), substituted “An entity” for “A State or local applicant”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “A State or local applicant” and inserting “An entity”; and

   Effective date note
   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.

10. 2009

    Serve America Act

    Pub. L. 111–13 § 1604(2)(B) · 123 Stat. 1460

    1. Added · 42 U.S.C. § 12636(f)(6)(D); 42 U.S.C. § 12636(f)(6)(E)

       Pub. L. 111–13, § 1604(2)(B), added subpar. (D)

    2. Redesignated · 42 U.S.C. § 12636(f)(6)(D); 42 U.S.C. § 12636(f)(6)(E)

       Pub. L. 111–13, § 1604(2)(B), redesignated former subpar. (D) as (E)

    Source evidence

    Code amendment note
    Subsec. (f)(6)(D), (E). Pub. L. 111–13, § 1604(2)(B), added subpar. (D) and redesignated former subpar. (D) as (E).

    Enacted provision · exact public law section
    (B) in paragraph (6)— (i) in subparagraph (C), by striking “and”; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: “(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” .

    Effective date note
    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.

13 of 13 references resolved to an enrolled provision