PRIA, Government Policy, Made Personal

Summary

When a complaint is filed about these licensing matters, the Secretary must set up a three-person arbitration panel to decide it. The panel must give notice, hold a hearing, and make a decision. That decision can be appealed and reviewed as a final agency action under chapter 7 of Title 5. If a blind licensee files the complaint, the panel has one person chosen by the State licensing agency, one chosen by the licensee, and a neutral chair who does not work for the State agency and who is jointly picked by the other two. If the State agency files the complaint, the panel has one person chosen by the State agency, one chosen by the head of the federal department that controls the property, and a neutral chair who does not work for that federal department and who is jointly picked by the other two. Panel decisions are public and published in the Federal Register. The Secretary must pay reasonable arbitration costs under a fee schedule published in the Federal Register.

Title 20, §107d–2

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(a)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)(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).

(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).

(c)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)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