[Federal Register Volume 66, Number 67 (Friday, April 6, 2001)]
[Notices]
[Pages 18234-18235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8556]


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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 March 31, 2000, an arbitration 
panel rendered a decision in the matter of Ken Haney v. New Mexico 
Commission for the Blind (Docket No. R-S/99-3). This panel was convened 
by the U.S. Department of Education pursuant to 20 U.S.C. 107d-1(b) 
upon receipt of a complaint filed by petitioner, Ken Haney.

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. If you 
use a telecommunications device for the deaf (TDD), you may call the 
TDD number at (202) 205-8298.
    Individuals with disabilities may obtain this document in an 
alternative 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

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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 termination of Mr. Ken 
Haney, a licensed blind vendor, from the Business Enterprise Program of 
the New Mexico Commission for the Blind, the State licensing agency 
(SLA).
    A summary of the facts is as follows: Until November 1995, the 
complainant managed and operated a cafeteria at the Levi-Strauss Plant 
in Roswell, New Mexico, under the SLA's Randolph-Sheppard Vending 
Facility Program. On November 1, 1995, a representative of the SLA met 
with the complainant to discuss with him the lack of profitability of 
the cafeteria and other issues regarding performance. Shortly 
thereafter, Mr. Haney requested and was granted by the SLA a 6-month 
leave of absence due to stress and health issues. During this time, 
complainant's vending license was terminated on November 7, 1995.
    On August 16, 1996, complainant requested a full evidentiary 
hearing on his license termination. Mr. Haney alleges that his delay in 
requesting a hearing was due to his continuing health problems.
    Complainant's request for a hearing concerning his termination from 
management at the Levi-Strauss cafeteria was denied on September 17, 
1996. A request for reconsideration was also denied on November 14, 
1996. The SLA alleges that there were no mental or physical 
circumstances that prohibited Mr. Haney from requesting a hearing 
within the 15-day time period pursuant to the SLA's rules and

[[Page 18235]]

regulations for filing grievances. It is this decision that complainant 
sought to have reviewed by a Federal arbitration panel. An arbitration 
hearing on this matter was held on February 2 and 3, 2000.

Arbitration Panel Decision

    The central issue before the arbitration panel was whether the 
actions taken by the New Mexico Commission for the Blind in denying Mr. 
Haney a full evidentiary hearing were in violation of the due process 
requirements under the Act (20 U.S.C. 107d-1(a)), the implementing 
regulations (34 CFR part 395), and applicable State rules and 
regulations. The panel ruled that complainant was essentially 
terminated for poor performance in the operation of the cafeteria, but 
waited for over 8 months before requesting an administrative review or 
a full evidentiary hearing to contest the termination before the New 
Mexico Commission for the Blind.
    The SLA denied complainant's request for hearing because he failed 
to ask for a hearing within the 15-day time limit provided under the 
SLA's rules and regulations.
    Based upon the evidence presented, the panel determined that, at 
all times, the complainant was knowledgeable about the time limits. 
Further, according to the panel, while he experienced some medical 
problems after his termination, there was no evidence that he was 
incapable of understanding or complying with the time limits. 
Therefore, the panel affirmed the New Mexico Commission for the Blind's 
denial of the complainant's request for hearing.
    The views and opinions expressed by the panel do not necessarily 
represent the views and opinions of the U.S. Department of Education.

    Dated: April 3, 2001.
Andrew J. Pepin,
Executive Administrator for Special Education and Rehabilitative 
Services.
[FR Doc. 01-8556 Filed 4-5-01; 8:45 am]
BILLING CODE 4000-01-P