[Federal Register: June 16, 1999 (Volume 64, Number 115)] [Notices] [Page 32220-32221] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16jn99-41] ----------------------------------------------------------------------- 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 Brent Davidson v. Texas Commission for the Blind (Docket No. R-S/97-15). 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, Brent Davidson. 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 (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 [[Page 32221]] 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 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 suspension by the Texas Commission for the Blind, the State licensing agency (SLA), of Brent Davidson's vendor's license for 90 days. A summary of the facts is as follows: Complainant Brent Davidson signed an agreement to operate a vending facility located at the Texas Department of Transportation (TDOT) on October 17, 1996. The facility opened for business on October 21, 1996. Problems arose from almost the moment the facility opened. Those problems were: (1) Sales at this facility were only half the anticipated level on the first day and never improved. (2) The TDOT never enforced a coffee agreement and, therefore, complainant's facility never benefitted from the anticipated coffee revenue. (3) The complainant and the SLA disagreed about pricing, equipment, the type of food offered, the number of employees, complainant's attendance, and the hours of operation. The SLA alleged that Mr. Davidson did not comply with the operator's agreement he signed on October 17, 1996, and the Business Enterprise Program Manual. The SLA alleged further that complainant continued to operate the vending facility in non-compliance with the operator's agreement, the manual, and the State rules and regulations governing the Texas vending facility program. In January 1997, the SLA placed Mr. Davidson on probation for a period of 90 days for violation of the operator's agreement and the manual. Mr. Davidson requested and received a State evidentiary fair hearing on May 20, 1997. The Administrative Law Judge (ALJ) in her decision dated May 27, 1997, affirmed the SLA's decision to place Mr. Davidson's license on probationary status for 90 days. The SLA adopted the ALJ's decision as final agency action, and it is this decision that Mr. Davidson sought to have reviewed by a Federal arbitration panel. A Federal arbitration hearing of this matter was held on April 3, 1998. Arbitration Panel Decision The issue before the arbitration panel was whether the Texas Commission for the Blind acted properly and within the scope of its authority under the Randolph-Sheppard Act and implementing regulations in placing Brent Davidson on probation for a period of 90 days. Because of the illness and non-attendance at the hearing of the panel member appointed by Mr. Davidson, the parties stipulated that the decision and award would be made solely by the neutral Panel Chair. The Panel Chair concluded that the evidence presented fully supported the decision of the SLA to place Mr. Davidson on probation for 90 days. Specifically, the Panel Chair noted a letter dated January 29, 1997, sent to complainant by the director of the Texas Business Enterprise Program placing Mr. Davidson on probation for 90 days and outlining the areas of non-compliance with the operator's agreement, the manual, and the State rules and regulations. The Panel Chair further noted from the record complainant's acknowledgment of his actions as well as his receipt of the January 29th letter from the SLA and the fact that Mr. Davidson made no attempt to take corrective action. The Panel Chair ruled that the SLA's decision to place complainant's license on a 90-day probationary status was the most lenient of any alternative available to the SLA. If Mr. Davidson had chosen to comply, the decision provided ample opportunity for complainant to correct by agreement the matters concerning non- compliance of which the SLA complained. 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. Judith E. Heumann, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 99-15326 Filed 6-15-99; 8:45 am] BILLING CODE 4000-01-P