45 C.F.R. PART 1220—PAYMENT OF VOLUNTEER LEGAL EXPENSES
Title 45 - Public Welfare
Authority: Secs. 419 and 420 of Pub. L. 93–113, 87 Stat. 413 and 414.
Source: 40 FR 28800, July 9, 1975, unless otherwise noted.
Section 419 of the Domestic Volunteer Service Act of 1973 (the Act), Pub. L. 93–113, 87 Stat. 413, authorizes the Director of ACTION to pay expenses incurred in judicial and administrative proceedings for the defense of full-time or part-time volunteers serving under the Act. These include counsel fees, court costs, bail or other expenses incidental to the volunteer's defense. For part-time volunteers, section 419 provides that the proceeding must arise directly out of the performance of activities pursuant to the Act. (a)(1) ACTION will pay all reasonable expenses for defense of full-time volunteers up to and including arraignment in Federal, state, and local criminal proceedings, except in cases where it is clear that the charged offense results from conduct which is not related to his service as a volunteer. (2) Situations where conduct is clearly unrelated to a volunteer's service are those that arise either: (i) In a period prior to volunteer service, (ii) Under circumstances where the volunteer is not at his assigned volunteer project location, such as during periods of administrative, vacation, or emergency leave, or (iii) When he is at his volunteer station, but the activity or action giving rise to the charged offense is clearly not part of, or required by, such assignment. (b) Reasonable expenses in criminal proceedings beyond arraignment may be paid in cases where: (1) The charge against the volunteer relates to his assignment or status as a volunteer, and not his personal status or personal matters. A charge relating to a volunteer's assignment arises out of any activity or action which is a part of, or required by, such assignment. A charge relating to a volunteer's status is motivated exclusively by the fact that a defendant is a volunteer. (2) The volunteer has not admitted a willful or knowing violation of law, and (3) The charge(s) is not a minor misdemeanor, such as a minor vehicle violation for which a fine or bail forfeiture will not exceed $100. (c) Notwithstanding the foregoing, there may be situations in which the criminal proceeding results from a situation which could give rise to a civil claim under the Federal Tort Claims Act. In such situations, the Justice Department may agree to defend the volunteer. In those cases, unless there is a conflict between the volunteer's interest and that of the government, ACTION will not pay for additional private representation for the volunteer. (a) With respect to a part-time volunteer, ACTION will reimburse a sponsor for the reasonable expenses it incurs for the defense of the volunteer in Federal, state and local criminal proceedings, including arraignment, only under the following circumstances: (1) The proceeding arises directly out of the volunteer's performance of activities pursuant to the Act; (2) The volunteer receives, or is eligible to receive, compensation, including allowances, stipend, or reimbursement for out-of-pocket expenses, under an ACTION grant project; and (3) The conditions specified in paragraphs (b) (2) and (3) in §1220.2–1 are met. (b) In certain circumstances volunteers who are ineligible for reimbursement of legal expenses by ACTION may be eligible for representation under the Criminal Justice Act (18 U.S.C. 3006A). (a) Immediately upon the arrest of any volunteer under circumstances in which the payment of bail to prevent incarceration or other serious consequences to the volunteer or the retention of an attorney prior to arraignment is necessary and is covered under §1220.2–1 or §1220.2–2, sponsors shall immediately notify the appropriate ACTION state office or if the state office cannot be reached, the appropriate regional office. The regional office shall provide each sponsor with a 24-hour telephone number. (b) Immediately after notification of the appropriate office, and with the approval thereof, the sponsor shall advance up to $500 for the payment of bail or such other legal expenses as are necessary prior to arraignment to prevent the volunteer from being incarcerated. In the event it is subsequently determined that ACTION or a sponsor is not responsible under this policy for the volunteer's defense, any such advance may be recovered directly from the volunteer or from allowances, stipends, or out-of-pocket expenses which are payable or become payable to the volunteer. In the case of a grassroots sponsor of full-time volunteers which is not able to provide the $500 the ACTION state or regional office shall immediately make such sum available to the sponsor. (c) Immediately upon receipt of notification from the sponsor, the state or regional office shall notify the General Counsel, giving all facts and circumstances at that time known to such office. Thereafter the office shall cooperate with the General Counsel in making an investigation of all surrounding facts and circumstances and shall provide such information immediately to the General Counsel. (d) The General Counsel shall, upon notification by the state or regional office, determine the extent to which ACTION will provide funds for the volunteer's defense or reimburse a sponsor for funds it spends on the volunteer's behalf. Included in this responsibility shall be the negotiation of fees and approval of other costs and expenses. State and regional offices are not authorized to commit ACTION to the payment of volunteers' legal expenses or to reimburse a sponsor except as provided above, without the express consent of the General Counsel. Additionally, the General Counsel shall, in cases arising directly out of the performance of authorized project activities, ascertain whether the services of the United States Attorney can be made available to the volunteer. (e) The sponsor and the state and regional office shall have a continuing responsibility for cooperation and coordination with the Office of General Counsel during the pendency of any such litigation, and of notifying the General Counsel of any facts and circumstances which come to the attention of such office or the sponsor which affects such litigation. ACTION will pay reasonable expenses incurred in the defense of full-time volunteers in Federal, state, and local civil judicial and administrative proceedings where: (a) The complaint or charge against the volunteer is directly related to his volunteer service and not to his personal activities or obligations. (b) The volunteer has not admitted willfully or knowingly pursuing a course of conduct which would result in the plaintiff or complainant initiating such a proceeding, and (c) If the judgment sought involves a monetary award, the amount sought exceeds $100. ACTION will reimburse sponsors for the reasonable expenses incidental to the defense of part-time volunteers in Federal, state and local civil judicial and administrative proceedings where: (a) The proceeding arises directly out of the volunteer's performance of activities pursuant to the Act; (b) The volunteer receives or is eligible to receive compensation, including allowances, stipend, or reimbursement for out-of-pocket expenses under an ACTION grant; and (c) The conditions specified in paragraphs (b) and (c) in §1220.3–1 are met. Immediately upon the receipt by a volunteer of any court papers or administrative orders making him a part to any proceeding covered under §1220.3–1 or §1220.3–2, the volunteer shall immediately notify his sponsor who in turn shall notify the appropriate ACTION state office. The procedures referred to in §1220.2–3, paragraphs (c) through (e), shall thereafter be followed as appropriate.
Title 45: Public Welfare
PART 1220—PAYMENT OF VOLUNTEER LEGAL EXPENSES
Section Contents
§ 1220.1-1 Introduction.
§ 1220.2-1 Full-time volunteers.
§ 1220.2-2 Part-time volunteers.
§ 1220.2-3 Procedure.
§ 1220.3-1 Full-time volunteers.
§ 1220.3-2 Part-time volunteers.
§ 1220.3-3 Procedure.
Subpart A—General
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§ 1220.1-1 Introduction.
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Subpart B—Criminal Proceedings
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§ 1220.2-1 Full-time volunteers.
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§ 1220.2-2 Part-time volunteers.
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§ 1220.2-3 Procedure.
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Subpart C—Civil and Administrative Proceedings
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§ 1220.3-1 Full-time volunteers.
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§ 1220.3-2 Part-time volunteers.
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§ 1220.3-3 Procedure.
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