Page:United States Statutes at Large Volume 104 Part 4.djvu/846

 104 STAT. 3162 PUBLIC LAW 101-610—NOV. 16, 1990 G)) HEAKINGS. —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 LEGISLATION.— 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. if) GRIEVANCE PROCEDURE— (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 pursuEmt 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).

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