[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR395.13]

[Page 470-471]
 
                           TITLE 34--EDUCATION
 
              CHAPTER III--OFFICE OF SPECIAL EDUCATION AND
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 395--VENDING FACILITY PROGRAM FOR THE BLIND ON FEDERAL AND OTHER PROPERTY--Table of Contents
 
                  Subpart B--The State Licensing Agency
 
Sec. 395.13  Evidentiary hearings and arbitration of vendor complaints.

    (a) The State licensing agency shall specify in writing and maintain 
procedures whereby such agency affords an opportunity for a full 
evidentiary hearing to each blind vendor (which procedures shall also 
apply to cases under Sec. 395.6(e)) dissatisfied with any State 
licensing agency action arising from the operation or administration of 
the vending facility program. When such blind vendor is dissatisfied 
with any action taken or decision rendered as a result of such hearing, 
he may file a complaint with the Secretary. Such complaint shall be 
accompanied by all available supporting documents, including a statement 
of the decision which was rendered and the reasons in support thereof.
    (b) The filing of a complaint under paragraph (a) of this section 
with either the State licensing agency or the Secretary shall indicate 
consent by the blind vendor for the release of such information as is 
necessary for the conduct of a full evidentiary hearing or the hearing 
of an ad hoc arbitration panel.
    (c) Upon receipt of a complaint filed by a blind vendor which meets 
the requirements established by the Secretary, the Secretary shall 
convene an ad hoc arbitration panel which shall, in accordance with the 
provisions of 5 U.S.C. chapter 5, subchapter II, give notice, conduct a 
hearing, and render its decision which shall be final and binding on the 
parties except that such

[[Page 471]]

decision shall be subject to appeal and review as a final agency action 
for purposes of the provisions of 5 U.S.C. chapter 7.
    (d) The arbitration panel convened by the Secretary to hear the 
grievances of blind vendors shall be composed of three members appointed 
as follows:
    (1) One individual designated by the State licensing agency;
    (2) One individual designated by the blind vendor; and
    (3) One individual not employed by the State licensing agency or, 
where appropriate, its parent agency, who shall be jointly designated by 
the other members of the panel and who shall serve as chairman of the 
panel.
    (e) If either the State licensing agency or the blind vendor fails 
to designate a member of an arbitration panel, the Secretary shall 
designate such member on behalf of such party.
    (f) The decisions of an arbitration panel convened by the Secretary 
under this section shall be matters of public record and shall be 
published in the Federal Register.
    (g) The Secretary shall pay all reasonable costs of arbitration 
under this section in accordance with a schedule of fees and expenses 
which shall be published in the Federal Register.
    (h) The provisions of this section shall not require the 
participation of grantors of permits for the operation of vending 
facilities on property other than Federal property.