[Federal Register Volume 64, Number 115 (Wednesday, June 16, 1999)]
[Notices]
[Pages 32219-32220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15323]
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DEPARTMENT OF EDUCATION
Arbitration Panel Decision Under the Randolph-Sheppard Act
AGENCY: Department of Education.
ACTION: Notice of arbitration panel decision under the Randolph-
Sheppard Act.
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SUMMARY: Notice is hereby given that on July 31, 1998, an arbitration
panel rendered a decision in the matter of Donald R. Williams v. North
Carolina Department of Human Resources, Division of Services for the
Blind (Docket No. R-S/97-9). This panel was convened by the U.S.
Department of Education pursuant to 20 U.S.C. 107d-1(a), upon receipt
of a complaint filed by petitioner, Donald R. Williams.
FOR FURTHER INFORMATION: A copy of the full text of the arbitration
panel decision may be obtained from George F. Arsnow, U.S. Department
of Education, 400 Maryland Avenue, SW., room 3230, Mary E. Switzer
Building, Washington DC 20202-2738. Telephone: (202) 205-9317.
Individuals who use a telecommunications device for the deaf
[[Page 32220]]
(TDD) may call the TDD number at (202) 205-8298.
Individuals with disabilities may obtain this document in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
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area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at:
http://www.access.gpo.gov/nara/index.html
SUPPLEMENTARY INFORMATION: Pursuant to the Randolph-Sheppard Act (20
U.S.C. 107d-2(c)) (the Act), the Secretary publishes in the Federal
Register a synopsis of each arbitration panel decision affecting the
administration of vending facilities on Federal and other property.
Background
This dispute concerns the alleged improper denial by the North
Carolina Department of Human Resources, Division of Services for the
Blind (the State licensing agency (SLA)), of Mr. Donald R. Williams'
request to acquire satellite vending machines at the Kinston Post
Office. A summary of the facts is as follows: In September 1994,
complainant Donald R. Williams, a blind vendor under the State's
Randolph-Sheppard program, spoke with the SLA regarding his desire to
have supplemental income in addition to managing a facility at the
Caswell Center Canteen. Mr. Williams also informed the SLA that he
would be looking for other sites within the city that would support a
Randolph-Sheppard vending facility.
In October 1994, complainant contacted the postmaster at the
Kinston Post Office concerning the possibility of establishing a
Randolph-Sheppard vending facility at that location. The site was then
under contract with a private concessionaire.
In April 1996, the concession contract at the Kinston Post Office
expired, and the SLA became the new contract holder on July 15, 1996.
Subsequently, the SLA determined that the location would be advertised
as a separate facility and would not be added as an outside vending
location to the Caswell Center Canteen.
Mr. Williams requested and received a State evidentiary fair
hearing on this matter on March 3, 1997. On March 26, 1997, the hearing
officer affirmed the SLA's decision to advertise and award the Kinston
Post Office location to another vendor. The SLA adopted the hearing
officer's decision as final agency action, and it is this decision that
Mr Williams sought to have reviewed by a Federal arbitration panel. A
Federal arbitration hearing on this matter was held on April 23, 1998.
Arbitration Panel Decision
The issue before the arbitration panel was whether the North
Carolina Department of Human Resources, Division of Services for the
Blind, was correct in awarding the Kinston Post Office location to
another vendor instead of adding it to Mr. Williams' facility.
The majority of the panel concluded that the SLA is charged with
providing vending facility preference to blind persons in need of
employment. Specifically, by awarding the Kinston Post Office facility
to the current vendor, who was unemployed, the SLA acted in fulfillment
of a specific requirement of the Act in 20 U.S.C. 107(a) and
implementing regulations in 34 CFR 395.7(a), which states in relevant
part that ``the State licensing agency shall establish in writing and
maintain objective criteria for licensing qualified applicants,
including a provision for giving preference to blind persons who are in
need of employment. * * *''
The majority of the panel further concluded that the SLA and not
the complainant has the authority to locate and negotiate facilities at
new sites. The SLA also has the inherent authority to determine if the
site will be offered as a separate facility and not as a satellite
location.
Therefore, the majority of the panel ruled that, upon a thorough
review of the documents, testimony, and arguments presented at the
hearing, the SLA acted properly in awarding the Kinston Post Office
facility to the current vendor.
One panel member dissented.
The views and opinions expressed by the panel do not necessarily
represent the views and opinions of the U.S. Department of Education.
Dated: June 10, 1999.
Curtis L. Richards,
Acting Assistant Secretary for Special Education and Rehabilitative
Services.
[FR Doc. 99-15323 Filed 6-15-99; 8:45 am]
BILLING CODE 4000-01-P