Scheme Nickname: 
VISTA volunteer termination & grievances

Formal proceedings that provide volunteers in AmeriCorps*VISTA/National Grant Programs with an opportunity for a hearing to challenge their early termination or present certain program-related grievances, after exhaustion of other specified administrative processes. (See 45 CFR Part 1210, Subpts. C & D; 45 CFR Part 2011).

Comments/Notes on Adjudication Structure: 
For volunteer terminations, initial determinations and first-level "appeals" are performed by the State Director and Regional Director respectively. However, since neither of these decisions appear to involve any hearing, the hearing conducted by the Director (as set forth here) is considered to be the hearing-level determination. (See 45 CFR Part 1210, Subparts C & D). Similarly, formal grievances by volunteers are decided by the Regional Director, and may be appealed to the CNCS General Counsel. However, neither decision appears to be informed by a hearing. (See 45 CFR Part 1211). However, there are very short timeframes for these respective officials to issue their decisions, and, if they do not do so on a timely basis, the volunteer may request that the Regional Director appoint at Grievance Examiner to conduct an investigation and hearing, with final decision by the AmeriCorps*VISTA Director. It is this latter process that is covered in this scheme.
Types of Adjudication: 
Comments/Notes on Adjudication Type(s): 
Appendices A to Parts 1210 and 1211 provide education and experience standards for Hearing and Grievance Examiners. Such Examiners may be ALJs, though other individuals may qualify also. Unknown if ALJs typically used as Examiners.
Distinctive Features: 
CNCS regulations provide that the Grievance Examiner must authorize payment of travel and per diem expenses for the volunteer and one representative to the hearing location. (45 CFR 1210.3-7(c)(5), 1211,1-12(c)(5))
Verified by Agency: 
Not verified
Is this a Major Adjudication: