20 U.S.C. § 107d–2: Arbitration

Summary

After a complaint is filed under section 107d–1, the Secretary must set up a three-member arbitration panel to give notice, hold a hearing, and decide the case. The panel’s decision can be appealed and reviewed as a final agency action under chapter 7 of title 5. If the complaint is by a blind licensee, one panel member is picked by the State licensing agency, one by the blind licensee, and a neutral chair is picked jointly by those two. If the complaint is by a State agency against a federal property holder, one member is picked by the State agency, one by the head of the federal department or agency that controls the property, and a neutral chair is picked jointly. If any party fails to pick a member, the Secretary will pick for them. Panel decisions are public and will be published in the Federal Register. The Secretary must pay the reasonable arbitration costs under a fee schedule published in the Federal Register. If the panel finds a federal department or agency violated the law, that agency head must promptly stop the violation and take steps to carry out the panel’s decision.

Title 20, §107d–2

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(a)Notice and hearing

Upon receipt of a complaint filed under section 107d–1 of this title, the Secretary shall convene an ad hoc arbitration panel as provided in subsection (b). Such panel shall, in accordance with the provisions of subchapter II of chapter 5 of title 5, give notice, conduct a hearing, and render its decision which shall be subject to appeal and review as a final agency action for purposes of chapter 7 of such title 5.

(b)Composition of panel; designation of chairman; termination of violations

(1)The arbitration panel convened by the Secretary to hear grievances of blind licensees shall be composed of three members appointed as follows:

(A)one individual designated by the State licensing agency;

(B)one individual designated by the blind licensee; and

(C)one individual, not employed by the State licensing agency or, where appropriate, its parent agency, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).

If any party fails to designate a member under subparagraph (1)(A), (B), or (C), the Secretary shall designate such member on behalf of such party.

(2)The arbitration panel convened by the Secretary to hear complaints filed by a State licensing agency shall be composed of three members appointed as follows:

(A)one individual, designated by the State licensing agency;

(B)one individual, designated by the head of the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose; and

(C)one individual, not employed by the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).

If any party fails to designate a member under subparagraph (2)(A), (B), or (C), the Secretary shall designate such member on behalf of such party. If the panel appointed pursuant to paragraph (2) finds that the acts or practices of any such department, agency, or instrumentality are in violation of this chapter, or any regulation issued thereunder, the head of any such department, agency, or instrumentality shall cause such acts or practices to be terminated promptly and shall take such other action as may be necessary to carry out the decision of the panel.

(c)Publication of decisions in Federal Register

The decisions of a panel convened by the Secretary pursuant to this section shall be matters of public record and shall be published in the Federal Register.

(d)Payment of costs by the Secretary

The Secretary shall pay all reasonable costs of arbitration under this section in accordance with a schedule of fees and expenses he shall publish in the Federal Register.

Notes & Related Subsidiaries

Editorial Notes

Codification The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, § 206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior Provisions

A prior section 6 of act June 20, 1936, which was classified to section 107e of this title, was renumbered section 9 by Pub. L. 93–516, § 206.

§107d–2 Arbitration

Summary

Title 20, §107d–2

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata