# Selection of AmeriCorps* VISTA Sponsors and Projects; Guidelines

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-3005

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** February 7, 1995
- **Citation:** 60 FR 7172

## Text

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

Selection of AmeriCorps* VISTA Sponsors and Projects; Guidelines

agency: Corporation for National and Community Service.

action: Notice of guidelines with respect for comment.

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summary: The Corporation for National and Community Service (the
Corporation) is issuing this notice concerning guidelines for the
selection of AmeriCorps*VISTA sponsors and projects. The Corporation
will refer to this program as AmeriCorps*VISTA. These guidelines
outline the way AmeriCorps*VISTA will operate, the overall programmatic
direction of the AmeriCorps*VISTA program, criteria for selection of
AmeriCorps*VISTA sponsors and projects, and AmeriCorps*VISTA project
approval procedures. The Corporation invites all interested parties to
comment on the issues discussed in this notice. Any comments received
will be given careful consideration in the development of the final
guidelines.

dates: This notice is effective February 7, 1995. Comments must be
received on or before March 24, 1995.

addresses: Comments may be mailed to the AmeriCorps*VISTA Office, The
Corporation for National Community Service, Room 9217, 1201 New York
Ave., NW., Washington, DC 20525. Comments received may also be
inspected at Room 9120 between 9 a.m. and 5 p.m.

for further information contact: Diana B. London, Deputy Director,
AmeriCorps*VISTA, (202) 606-5000, extension 228. For individuals with
disabilities, information will be made available in alternative
formats, upon request.

supplementary information: The Final Notice of VISTA Guidelines, as
published in the Federal Register, 50 FR 30982, July 31, 1985 and 55 FR
9343, March 13, 1990, are no longer valid. Pursuant to Subtitle B,
Chapter 1, section 321 of the National and Community Service Trust Act
of 1993 (the Act) Pub. L. 103-82, the purpose of AmeriCorps*VISTA as
provided in the Domestic Volunteer Service Act (42 U.S.C. 4950 et seq.)
has been broadened to include strengthening local organizations to
carry out the purpose of the program. Section 327 of the Act provides
additional factors in approving applications for assistance under
AmeriCorps*VISTA.
This notice outlines the guidelines for the selection of
AmeriCorps*VISTA sponsors and projects. The following provisions
address the criteria for sponsorship of new and existing
AmeriCorps*VISTA projects, criteria for project selection, and explain
the approval process at the State level. In addition, the process for
selecting national competitive and national demonstration
AmeriCorps*VISTA projects is addressed.

Guidelines for Selection of AmeriCorps*VISTA Sponsors and Projects

Part I. Program Directions

The Corporation for National and Community Service was established
by the National and Community Service Act Trust Act of 1993, enacted
into law on September 21, 1993. The Corporation manages several types
of service initiatives, including the AmeriCorps National Service
Network of programs. AmeriCorps is locally driven, offering resources
to communities to design and implement their own solutions while
maintaining a national AmeriCorps identity.
The mission of AmeriCorps has four components:
Getting Things Done--achieving demonstrable results in meeting
Americans' educational, public safety, human, and environmental needs.
Strengthening Communities--uniting citizens from different
backgrounds and bringing together diverse institutions in partnerships
to transform communities in need.
Encouraging Responsibility--strengthening the spirit of citizenship
through service, education about service, and understanding of
communities.
Expanding Opportunity--offering education awards in return for
service, and providing invaluable life- and job-skills to members which
they will carry through the rest of their lives.
Within the AmeriCorps National Service Network of programs is
AmeriCorps*VISTA (Volunteers In Service To America), authorized under
Title I, Part A of the Domestic Volunteer Service Act of 1973, as
amended (Pub. L. 93-113). The statutory mandate of AmeriCorps*VISTA is
``to eliminate and alleviate poverty and poverty-related problems in
the United States by encouraging and enabling persons from all walks of
life, all geographical areas, and all age groups * * * to perform
meaningful and constructive volunteer service * * * where the
application of human talent and dedication may assist in the solution
of poverty and poverty-related problems and secure and exploit
opportunities for self-advancement by persons afflicted with such
problems. In addition, the objective of (AmeriCorps*VISTA) is to
generate the commitment of private sector resources, to encourage
volunteer service at the local level, and to strengthen local agencies
and organizations to carry out the purposes (of the program)'' (42
U.S.C. 4951).
AmeriCorps*VISTA provides full-time, full-year members to local
public [[Page 7173]] and private non-profit organizations which have
goals in accord with AmeriCorps*VISTA's legislative mission, and have
projects determined and defined by those to be served. Each
AmeriCorps*VISTA project must focus on the mobilization of community
resources, the transference of skills to community residents, and the
expansion of the capacity of community-based and grassroots
organizations to solve local problems. Programming should encourage
permanent, long-term solutions to problems confronting low-income
communities rather than short-term approaches for handling emergency
needs. AmeriCorps*VISTA project sponsors must actively elicit the
support and/or participation of local public and private sector
elements in order to enhance the chances of a project's success, as
well as to make the activities undertaken by AmeriCorps*VISTA self-
sustaining when the Corporation for National Service no longer provides
those resources.

Part II. Criteria for Selection of AmeriCorps*VISTA Sponsors and
Projects

A. Criteria for Sponsorship

The following provisions explain the organizational requirements
that must be met to sponsor an AmeriCorps*VISTA project; and the
criteria necessary for selection of any AmeriCorps*VISTA project.
1. Organizational Selection Criteria
The applicant must:
a. Be a public sector organization or a private organization
designated as non-profit by the Internal Revenue Service (IRS).
(Organizations that have submitted applications for non-profit status
from the IRS will also be considered.)
b. Comply with applicable financial and fiscal requirements
established by the Corporation for National Service or other elements
of the Federal Government.
c. Have resources available for AmeriCorps*VISTA members to perform
their tasks; i.e., space, consumable supplies, telephone, on-the-job
transportation reimbursement; and be able to provide emergency cash
advances when needed.
d. Be able to mobilize community, public, and private sector
resources to achieve short-term program goals and long-term project
self-sufficiency goals, and to encourage local part-time volunteer
service.
e. Have the capacity and commitment to recruit, orient, train,
supervise, and otherwise support locally and nationally-recruited
AmeriCorps*VISTA members in appropriate capacity-building roles.
f. Have an understanding of the concept of, and be committed to,
promoting national service and AmeriCorps.
g. Be experienced in the issues related to the beneficiaries of
service and those being addressed by the proposed project.
h. Have the capacity to build community partnerships and
collaborative efforts in order to achieve project self-sufficiency.
2. Project Selection Criteria
The proposed project must:
a. Address the needs of low-income communities and otherwise comply
with the provisions of the Domestic Volunteer Service Act of 1973,
(DVSA) as amended (42 U.S.C. 4951 et seq.) applicable to
AmeriCorps*VISTA and all applicable published regulations, guidelines
and Corporation policies.
b. Lead to building organizational and/or community capacity to
continue the efforts of the project once AmeriCorps*VISTA resources are
withdrawn. This will be demonstrated through measurable goals and
objectives and the stated AmeriCorps*VISTA tasks which are attainable
within the time-frame of the project.
c. Be designed to generate public and/or private sector resources
and to promote local, part-time volunteer service.
d. Describe in measurable terms the anticipated self-sufficiency
outcomes at the conclusion of the project, including outcomes related
to the sustainability of the project activities.
e. Clearly state how AmeriCorps*VISTAs will be trained, supervised
and supported to ensure the achievement of program goals and objectives
as stated in the project work plan.
f. Be internally consistent; the problem statement which
demonstrates need, the project work plan, the AmeriCorps*VISTA
assignment description, and all other components must be related
logically to each other.
g. Ensure that AmeriCorps*VISTA and community resources sufficient
to achieve project goals and objectives are available.
h. Involve beneficiaries of service in project development and
implementation throughout the life of the project.
i. Have the management and technical capability to implement the
project successfully.
j. Describe how the number of AmeriCorps*VISTA members being
requested is appropriate for project goals and objectives, and how the
skills qualifications described in the application are appropriate for
the assignment(s).
k. Describe how AmeriCorps*VISTA assignments are designed to
utilize the full-time member's time to the maximum extent.

B. Prohibited Activities

Applicant and current sponsoring organizations must ensure that the
following prohibitions on AmeriCorps*VISTA and sponsor activity are
observed:
1. AmeriCorps*VISTA are prohibited by law from participating in:
(a) Partisan and nonpartisan political activities, including voter
registration and transporting voters to the polls.
(b) Direct or indirect attempts to influence legislation, or
proposals by initiative petition.
(c) Any outside employment while in AmeriCorps*VISTA service.
2. AmeriCorps*VISTA sponsoring organizations are prohibited by law
from:
(a) Carrying out projects resulting in the identification of such
projects with partisan or nonpartisan political activities, including
providing voters with transportation to the polls and any voter
registration activity other than making voter registration applications
and nonpartisan voter registration information available to the public
on the premises.
(b) Assigning AmeriCorps*VISTAs to activities which would otherwise
be performed by employed workers and which would supplant the hiring of
or result in the displacement of employed workers, or impair existing
contracts for service.
(c) Requesting or receiving any compensation for the services of
AmeriCorps*VISTA members.
(d) Using funds to finance, directly or indirectly, labor and anti-
labor organization and related activities.
(e) Using funds appropriated to carry out AmeriCorps*VISTA
programming for any activity for the purposes of influencing the
passage or defeat of legislation or proposals by initiative petition
unless otherwise permitted under the Domestic Volunteer Service Act of
1973, as amended.
3. AmeriCorps*VISTA members are prohibited from engaging in any
religious activities as part of their duties. AmeriCorps*VISTA sponsors
are prohibited from conducting any religious instruction, worship,
proselytization or other religious [[Page 7174]] activity as part of
the AmeriCorps*VISTA project.

Part III. Americorps*VISTA Project Approval Process

A. Project Approval Process for New Sponsors Selected at State Level

In order to assure all potential sponsors equal consideration, the
project approval process for new AmeriCorps*VISTA projects described
below is to be followed. Existing projects seeking to change their
programmatic emphasis areas and/or substantially change the scope of
the activities and duties performed by AmeriCorps*VISTA members (e.g.
from literacy to health care) must also comply with these procedures.
1. AmeriCorps*VISTA Pre-Application Requests
a. Requests from potential sponsors for AmeriCorps*VISTA pre-
application forms must be submitted, in writing, to the Corporation
State Office. The request should briefly outline the proposed use of
AmeriCorps*VISTA members.
b. Corporation State Office staff must respond to such requests
within 5 working days of receipt by sending a pre-application form to
the potential sponsoring organization, or advising the requestor that
the organization would be an inappropriate sponsor (e.g. a for-profit
organization).
c. Potential sponsors must complete and return the pre-application
form to the Corporation State Office within timeframes established by
the State Office.
d. Corporation State Office staff will review the pre-application
form and advise the applicant in writing, within 10 working days of
receipt of the form, as to whether to proceed with the development of a
full AmeriCorps*VISTA project application. That decision is based on
AmeriCorps*VISTA programming priorities, information on the applicant
organization's track record within the community, and conformance with
the Corporation State Office's Annual Plan that is due by March 1995,
and thereafter, in the fourth quarter of each fiscal year.
2. AmeriCorps*VISTA Project Application Review
a. Corporation State Office staff will send an AmeriCorps*VISTA
project application and technical assistance materials to potential
sponsoring organizations whose proposed project is consistent with
AmeriCorps*VISTA program priorities and the Corporation State Office's
approved Annual Plan. Applications submitted prior to the approval of
the Annual Plan in March 1995 will be considered without the
requirement of conformance with the Corporation State Office's Annual
Plan.
b. Prior to submission of the application, the State Office staff
will arrange for a site visit to the applicant organization to provide
technical assistance and to enhance Corporation State Office staff's
knowledge of the applicant organization and the community to be served
by the proposed project.
c. The applicant organization will submit a completed application
form to the Corporation State Office within the timeframe established
by the State Office.
d. The Corporation State Director will review the project
application and render a final decision within 15 working days of
receipt. For approved applications, the Corporation State Director may
convene a community and/or peer panel for the purpose of strengthening,
or adding value to, the proposed project. If a project application is
approved, the Corporation State Director will advise the sponsoring
organization in writing that the project has been approved for one year
subject to the availability of funds. The Corporation State Office
staff will also provide the organization with appropriate information
on AmeriCorps*VISTA recruitment, placement, and training. The
Corporation State Director will prepare, sign, and send a Memorandum of
Agreement to the sponsoring organization for signature by an authorized
official within the organization.
e. The Corporation State Office staff will send to AmeriCorps*VISTA
Headquarters a copy of the approved project application and letter to
the sponsor. The official project document file will be retained in the
Corporation State Office.
f. Applicant organizations whose proposals are disapproved will be
informed in writing by the Corporation State Director and provided
reasons for disapproval.
g. Project applications from current AmeriCorps*VISTA sponsors
proposing to change programmatic emphases and/or substantially change
the scope of activities performed by the AmeriCorps*VISTA members from
those previously approved are not subject to the denial of refunding
procedures contained in section 412 of the Domestic Volunteer Service
Act of 1973, as amended, and 45 CFR part 1206, subpart B. Such
applications will be treated as new project applications in accordance
with the procedures outlined in III A above.

B. Project Approval Process for Existing AmeriCorps*VISTA Sponsors

AmeriCorps*VISTA projects will be reviewed at the time of their
renewal request to determine the extent to which approved project work
plan goals and objectives are being met, paying special attention to
capacity building and project self-sufficiency goals as well as to
AmeriCorps*VISTA member retention and satisfaction with the service
experience.
The project approval process outlined below is to be followed for
all AmeriCorps*VISTA sponsors seeking renewal of their existing
AmeriCorps*VISTA projects with the exception of sponsors proposing to
change programmatic emphasis and/or substantially change the scope of
activities as described in paragraph A.2.g.
1. At least 120 calendar days prior to the end of the Memorandum of
Agreement, Corporation State Office staff will send out a renewal
package to the sponsoring organization. In addition to an application
form, the package should include any programmatic recommendations which
the Corporation State Office staff believes are needed to improve the
quality of the project based on information gleaned during site visits,
from project progress reports, and from discussions with project staff
and AmeriCorps*VISTA members.
2. At least 90 calendar days prior to the end of the current
Memorandum of Agreement, the sponsoring organization will submit the
renewal project application to the Corporation State Office.
3. The Corporation State Office staff will review the renewal
application within 15 working days of receipt, or at least 75 calendar
days prior to the end of the current Memorandum of Agreement. The
review will include: a compliance review with AmeriCorps*VISTA
regulations and program criteria; a review of progress being made
toward achievement of capacity building and self-sufficiency goals; and
conformance to the Corporation State Office's approved Annual Plan.
4. If the renewal proposal is approved by the Corporation State
Office staff, the Corporation State Director will send an approval
letter to the sponsor along with a new Memorandum of Agreement for
signature by an authorized official. The project will be continued for
one year subject to the availability of funds. [[Page 7175]]
5. Corporation State Office staff will send to AmeriCorps*VISTA
Headquarters a copy of the approved project application and a copy of
the Corporation State Director's letter to the sponsor. The official
project document file will be retained in the Corporation State Office.
6. If the Corporation State Director disapproves the renewal
project application, the sponsor will be notified by the Corporation
State Director at least 75 calendar days in advance of the end of the
current project period that the Corporation for National Service
intends to deny the application of renewal. The sponsor will be given
reasons for the tentative decisions and an opportunity to show cause
why the application should not be denied in accordance with section 412
of the Domestic Volunteer Service Act of 1973, and 45 CFR part 1206,
Subpart B. The project will be continued at its existing level of
AmeriCorps*VISTA member and project support pending a final decision in
accordance with 45 CFR part 1206, subpart B.
7. If the final decision denies project renewal, AmeriCorps*VISTA
whose terms of service extend beyond the project's expiration date are
covered by the provisions of 45 CFR 1210.3-2(d).

C. Project Approval Process for Inter-Cluster Competitive Slots

1. Upon receiving program priorities, guidance, and timeframes from
AmeriCorps*VISTA Headquarters, Corporation field offices will develop a
strategy for programming and soliciting concept papers from qualified
application organizations. AmeriCorps*VISTA Project Applications which
are currently under development may also be considered for competition
through the submission of a concept paper. Application organizations
will be notified that their concept papers are being entered into an
inter-Cluster competitive process. (Corporation Clusters represent a
group of Corporation State Offices.)
2. Each Cluster Director shall appoint a review panel comprised of
Corporation State Directors/Program Specialists with the Cluster
Director serving as chair. The panel shall review and prioritize all
concept papers, according to the selection criteria contained in Part
II above. The Cluster Director shall submit all concept papers to the
Director, AmeriCorps*VISTA, along with a written justification for its
prioritized list.
3. The Director, AmeriCorps*VISTA, shall review all concept papers
and render a decision on which concept papers are approved for full
development as AmeriCorps*VISTA projects. AmeriCorps*VISTA Headquarters
staff will notify Cluster Directors in writing of its decisions and
establish a time-frame for submission of completed applications to
Corporation State Offices. The Corporation State Office staff shall
notify all organizations which have submitted a concept paper of
Headquarters' decisions.
4. Corporation State Office staff shall provide AmeriCorps*VISTA
project applications to organizations with approved concept papers and
follow procedures for new sponsor development at the State level
contained in Part III, A2 above. In this process, the approved concept
paper takes the place of the pre-application form.
5. Renewal applications from competitively-selected projects will
follow the procedures set forth in III B above.

D. Project Approval Process for New AmeriCorps*VISTA National
Demonstration Projects

1. Applications for national demonstration projects will be
generated by AmeriCorps*VISTA Headquarters staff which will arrange for
technical assistance to be provided to potential sponsors.
2. In addition to being reviewed by AmeriCorps*VISTA Headquarters
staff, applications will be made available to those Corporation State
Offices having components of proposed national demonstrations operating
in their State. Corporation State Office staff will be asked to review
such applications and to provide AmeriCorps*VISTA Headquarters with the
results of their review focusing on components proposed for operation
in their State.
3. The Director of AmeriCorps*VISTA has approval authority for new
national demonstration projects. Upon approval of a demonstration
project, the Director of AmeriCorps*VISTA will take appropriate action
to operationalize the project including coordination with Corporation
State Offices having components within their jurisdiction.

E. Project Approval Process for Existing AmeriCorps*VISTA National
Demonstration Projects

Projects will be reviewed at the time of their renewal request to
determine the extent to which approved work plan goals and objectives
are being met, paying special attention to capacity building and
project self-sufficiency goals as well as to AmeriCorps*VISTA member
retention and satisfaction with the service experience.
The project approval process outlined below is to be followed for
all AmeriCorps*VISTA national demonstration projects seeking renewal.
1. At least 120 calendar days prior to the end of the current
Memorandum of Agreement, AmeriCorps*VITA Headquarters staff will send
out a renewal package. In addition to an application form, the package
should include any programmatic recommendations which Headquarters
believes are needed to improve the quality of the project based on
information gleaned during site visits, from project progress reports,
from discussions with project staff at national and local levels, from
discussions with AmeriCorps*VISTA members, and from recommendations
received from Corporation State Offices regarding local components.
2. At least 90 calendar days prior to the end of the current
Memorandum of Agreement, the sponsoring organization submits the
renewal project application to AmeriCorps*VISTA Headquarters.
3. Upon receipt of the renewal application, Headquarters staff will
provide a copy of the application to appropriate Corporation State
Offices for review and comment.
4. Within 15 working days of receipt of the national demonstration
renewal application, Corporation State Office staff will review and
submit written comments on project components within their
jurisdiction.
5. Headquarters staff will complete their review of renewal
applications within 20 working days of receipt, or at least 75 calendar
days prior to the end of the current Memorandum of Agreement. The
review will include a compliance review of AmeriCorps*VISTA regulations
and program criteria, as well as a review of progress being made toward
achievement of capacity building and self-sufficiency goals.
6. If the renewal proposal is approved, the Director of
AmeriCorps*VISTA will send an approval letter to the sponsor along with
a new Memorandum of Agreement prepared and signed by the Director. The
project will be continued for one year subject to the availability of
funds. The Director will take all other appropriate administrative
action to maintain the operational status of the project.
7. If the Direct of AmeriCorps*VISTA disapproves the renewal
project application, the sponsoring organization will be notified by
the Director at least 75 calendar days in advance of the end of the
current project period that the Corporation for National Service
intends to deny the application for renewal. The [[Page 7176]] sponsor
will be given reasons for the tentative decision and an opportunity to
show cause why the application should not be denied in accordance with
section 412 of the Domestic Volunteer Service Act of 1973, as amended,
and 45 CFR, part 1206, subpart B. The project will be continued at its
existing level of AmeriCorps*VISTA volunteer and project support
pending a final decision in accordance with 45 CFR part 1206, subpart
B.
8. Where a final decision denies project renewal, AmeriCorps*VISTA
members whose terms of service extend beyond the project's expiration
date are covered by the provisions of 45 CFR 1210.3-2(d).

F. Extensions of Current AmeriCorps*VISTA Projects

In certain circumstances, current AmeriCorps*VISTA sponsors may
wish to extend previously approved projects for up to six months in
order to allow already assigned AmeriCorps*VISTAs to complete their
terms of service, and/or to conclude activities designed to complete
the capacity building and/or self-sufficiency goals of the project
prior to the time AmeriCorps*VISTA resources are withdrawn.
In such instances, the AmeriCorps*VISTA sponsor will send to the
Corporation State Office, at least 60 days prior to the end of the
current project period, a detailed justification, along with Section
III of the AmeriCorps*VISTA Project Application form, describing the
activities to be performed during the extension period.
The Corporation State Director will review the project extension
request and make a determination to approve or disapprove the request
within 15 working days of receipt.
The Corporation State Director will take all necessary action to
implement an approval decision including extension of the current
Memorandum of Agreement. The Corporation State Director will forward a
copy of the extension material to AmeriCorps*VISTA Headquarters.
Denial of project extension requests of six months or less are not
subject to denial of refunding procedures contained in section 412 of
the Domestic Volunteer Service Act of 1973, as amended, and 45 CFR part
1206, subpart B.

G. Increases in Approved Levels of AmeriCorps*VISTA Volunteers

1. Existing AmeriCorps*VISTA projects seeking to increase the
number of AmeriCorps*VISTAs from their previously approved level must
submit their request in writing to the Corporation State Director
justifying the requested increase.
2. The Corporation State Director will review the request within
the context of the Corporation State Office's approved Annual Plan and
render a decision within 15 working days of receipt. The Corporation
State Director will notify the sponsor of the decision in writing and
provide a copy of the decision to AmeriCorps*VISTA Headquarters. For
approved requests, the Corporation State Director will amend the
current Memorandum of Agreement and submit a request to increase the
number of AmeriCorps*VISTA members to the Governor or other Chief
Executive Officer of the State/jurisdiction prior to placement of
additional volunteers on the project.
3. Denial of a request to increase the number of AmeriCorps*VISTA
members on an approved project is not subject to denial of refunding
procedures contained in Section 412 of the Domestic Volunteer Service
Act of 1973, as amended, and 45 CFR part 1206, subpart B.

H. Intergovernmental Review of AmeriCorps*VISTA Projects

Agencies and organizations submitting new or renewal
AmeriCorps*VISTA project applications must comply with the provisions
of Executive Order 12372, the ``Intergovernmental Review of Federal
Programs and Activities'' as set forth in 45 CFR part 1233. Corporation
State Office staff will provide applicant organizations with technical
assistance regarding this requirement.

I. Governor's Approval of AmeriCorps*VISTA Projects

No AmeriCorps*VISTA members may be assigned to serve in a program
or project in any community until the Governor or other Chief Executive
Officer of the state has been given 45 days within which to review the
application for such program or project and disapprove, in writing, the
proposed submission.
Governor's approval must be sought by the Corporation State
Director for all new AmeriCorps*VISTA projects as well as for ongoing
projects which are requesting an increase in members or substantially
changing AmeriCorps*VISTA activities.

J. Freedom of Information Act Requests Related to AmeriCorps*VISTA
Project Reviews

All Freedom of Information Act (FOIA) requests generated by the
project review process shall be directed to the FOIA Office in the
Corporation for National Service Headquarters for reply (even if
initially addressed to Corporation State or Cluster Office).
Shirley Sagawa,
Executive Vice President and Executive Director.
[FR Doc. 95-3005 Filed 2-6-95; 8:45 am]
BILLING CODE 6050-28-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-3005. Public record. Not legal advice.