[Federal Register: June 16, 1999 (Volume 64, Number 115)] [Notices] [Page 32219-32220] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16jn99-40] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 following sites: http://ocfo.ed.gov/fedreg.htm http://www.ed.gov/news.html To use the PDF you must have the Adobe Acrobat Reader Program with Search, which is available free at either of the previous sites. If you have questions about using the PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, 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