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Mgmt 520

In: Business and Management

Submitted By Gilroy
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Regulation:
As the proposed rule updates the provisions of existing regulation, changes are as follows: 1. 45 CFR part 1206, which deals with project suspension and termination, is moved to 45 CFR part 2556, subpart B with most substantive provisions remaining unchanged. Under the proposed rule the provisions for suspension remain unchanged, except that the provisions for summary suspension are eliminated and the provisions for suspension on notice are retained. This has the effect of giving notice to sponsors for all suspensions. Under the proposed rule the provisions for termination remain unchanged,except that a second CNCS review has been eliminated. Experience has shown that a lengthy termination review process is not beneficial to VISTAs at the project in question, unduly consumes the sponsor's staff time and other resources, creates uncertainty for project beneficiaries, and exhausts VISTA resources that could be put to use for the benefit of project beneficiaries.

2. 45 CFR part 1210, which deals chiefly with early termination of a VISTA, is moved to 45 CFR part 2556, subpart E and changed to improve the cost-effectiveness of the provisions and increase efficiency of VISTA program functions. The new provisions for early termination remain substantively the same in many respects. However, the early termination for cause process is modified. While the process retains more than sufficient due process in the form of written notification and appeals at two levels, the inclusion of a hearing examiner in that process is removed. Experience has shown that a multi-layered termination process is protracted, unduly burdensome, and incompatible with a service term that can last no more than a year's time. Such a process creates potential harm to the operations of the project and its beneficiaries where the VISTA had been assigned, prolongs uncertainty for the VISTA subject to the process, and inordinately consumes VISTA program resources that could be put to use for the benefit of project beneficiaries.

3. 45 CFR part 1211 on grievance procedures for VISTAs is moved to 45 CFR 2556.345-2556.365 and updated to reflect the use of electronic communication technology and the speed at which it can operate. At sections 2556.345-2556.365, the proposed rule clarifies when a VISTA may present a grievance, what matters are considered grievances, and specific steps for bringing a grievance and appealing a response, while eliminating the inclusion of a grievance examiner in the process. Longstanding experience has shown that CNCS has used its administrative review and oversight to afford complaining parties more than sufficient due process, and has effectively remedied inappropriate conditions leading to grievances, without need of grievance examiner services. When grievance examiner services have been invoked, the time, resources and expense incurred by the VISTA program have substantially outweighed the value provided to the parties involved.

4. 45 CFR part 1216 on non-displacement of employed workers and non-impairment of contracts for service is moved to 45 CFR 2556.150(b) -2556.150(e), and the substantive provisions remain unchanged.

5. 45 CFR part 1217 on leaders is moved to 45 CFR part 2556, subpart G and clarifies primary aspects of the leader position in a project.

6. 45 CFR part 1219 on non-competitive eligibility for VISTAs is moved to 45 CFR 2556.340, and its substantive provisions remain unchanged.

7. 45 CFR part 1220 on payment of legal expenses resulting from service activities is moved to 45 CFR 2556.325-2556.335, and its substantive provisions remain unchanged.

8. 45 CFR part 1222 on participation of project beneficiaries is moved to 45 CFR 2556.120, and its substantive provisions remain unchanged.

9. 45 CFR part 1226 on prohibitions and restrictions on certain political activities is moved to 45 CFR part 2556, subpart H and is revised to complement the current limitations and permitted political activities under the Hatch Act, 5 U.S.C. chapter 73, subchapter III. As provided in the DVSA, VISTAs are subject to the requirements of the Hatch Act because they are considered federal employees for purposes of the Hatch Act, 42 U.S.C. 5055(b)(1).

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