42 USC 12636 - Notice, hearing, and grievance procedures

View all text of Subchapter I [§ 12511 - § 12657]

§ 12636. Notice, hearing, and grievance procedures

(a) In general

(1) Suspension of payments

(2) Procedures to ensure assistanceThe 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

(d) State legislation

(e) Construction

(f) Grievance procedure

(1) In general

(2) Deadline for grievances

(3) Deadline for hearing and decision

(A) Hearing

(B) Decision

(4) Arbitration

(A) In general

(i) Jointly selected arbitrator

(ii) Appointed arbitrator

(B) Deadline for proceeding

(D) Cost

(i) In general

(ii) Exception

(5) Proposed placement

(6) RemediesRemedies for a grievance filed under this subsection include—

(A) suspension of payments for assistance under this subchapter;

(B) termination of such payments;

(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.

(7) Enforcement

(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.)