Arbitration Panel Decision Under the Randolph-Sheppard Act, 12458-12459 [05-4941]

Download as PDF 12458 Federal Register / Vol. 70, No. 48 / Monday, March 14, 2005 / Notices 7041, Potomac Center Plaza, Washington, DC 20202–4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department: (1) You must indicate on the envelope and—if not provided by the Department—in Item 4 of the ED 424 the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application. (2) The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245–6288. V. Application Review Information 1. Selection Criteria: The selection criteria for this competition are from 34 CFR 75.210 and 34 CFR 386.20 and are listed in the application package. 2. Review and Selection Process: Additional factors we consider in selecting an application for an award are the geographical distribution of projects in each Rehabilitation Training program category throughout the country (see 34 CFR 385.33(a)); and, the past performance of the applicant in carrying out similar training activities under previously awarded grants, as indicated by factors such as compliance with grant conditions, soundness of programmatic and financial management practices, and attainment of established project objectives (see 34 CFR 385.33(b)). VI. Award Administration Information 1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice. We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The VerDate jul<14>2003 15:31 Mar 11, 2005 Jkt 205001 GAN also incorporates your approved application as part of your binding commitments under the grant. 3. Reporting: At the end of your project, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. Performance Measures: The Government Performance and Results Act (GPRA) of 1993 directs Federal departments and agencies to improve the effectiveness of their programs by engaging in strategic planning, setting outcome-related goals for programs, and measuring program results against those goals. The Rehabilitation Long-Term Training program is designed to provide academic training in areas of personnel shortages. The goal of the Rehabilitation Services Administration’s (RSA) Rehabilitation Long-Term Training program is to increase the number of qualified vocational rehabilitation personnel working in State vocational rehabilitation agencies or related agencies. Seventy-five percent of all grant funds must be used for direct payment of student scholarships. Each grantee is required to track students receiving scholarships and must maintain information on the cumulative support granted to RSA scholars, scholar-debt in years, program completion data for each scholar, dates each scholar’s work begins and is completed to meet his or her payback agreement, current home address, and the place of employment of individual scholars. Grantees are required to report annually to RSA on these data using the RSA Grantee Reporting Form, OMB# 1820–0617, an electronic reporting system. The RSA Grantee Reporting Form collects specific data regarding the number of RSA scholars entering the rehabilitation workforce, in what rehabilitation field, and in what type of employment (e.g. State agency, nonprofit service provider, or practice group). This form allows RSA to measure results against the goal of increasing the number of qualified vocational rehabilitation personnel working in State vocational rehabilitation agencies or related agencies. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Marilyn P. Fountain, U.S. Department of Education, 400 Maryland Avenue, SW., PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 room 5028, Potomac Center Plaza, Washington, DC 20202–2800. Telephone: (202) 245–7346 or by e-mail: Marilyn.Fountain@ed.gov. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1– 800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information Electronic Access to This Document: You may view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/ fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using 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.gpoaccess.gov/nara/ index.html. Dated: March 3, 2005. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 05–4942 Filed 3–11–05; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Arbitration Panel Decision Under the Randolph-Sheppard Act Department of Education. Notice of arbitration panel decision under the Randolph-Sheppard Act. AGENCY: ACTION: SUMMARY: The Department gives notice that on October 10, 2003, an arbitration panel rendered a decision in the matter of Faye Autry v. Kentucky Department for the Blind (Docket No. R–S/00–5). This panel was convened by the U.S. Department of Education, under 20 U.S.C. 107d–1(a), after the Department received a complaint filed by the petitioner, Faye Autry. FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text of the arbitration panel decision from Suzette E:\FR\FM\14MRN1.SGM 14MRN1 Federal Register / Vol. 70, No. 48 / Monday, March 14, 2005 / Notices E. Haynes, U.S. Department of Education, 400 Maryland Avenue, SW., room 5022, Potomac Center Plaza, Washington, DC 20202–2800. Telephone: (202) 245–7374. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1–800–877–8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the preceding paragraph. SUPPLEMENTARY INFORMATION: Under section 6(c) of the Randolph-Sheppard Act (the 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 denial of Ms. Faye Autry’s bid request to transfer to another facility under the Kentucky Department for the Blind’s transfer and promotion policies, in violation of the Act (20 U.S.C. 107 et seq.), the implementing regulations in 34 CFR part 395, and State rules and regulations. A summary of the facts is as follows: In January 1999 the Kentucky Department for the Blind, the State licensing agency (SLA), notified vendors of an opening to provide food services at the Fort Knox Military Base in Fort Knox, Kentucky. On February 26, 1999, the SLA was awarded the food service contract. Prior to receiving the food service contract, the SLA’s Upward Mobility Selection Committee (the Committee) interviewed and rated each of the six finalists including Ms. Autry (complainant). The SLA used criteria established by the SLA’s rules and regulations governing the transfer and promotion of vendors in the Kentucky Business Enterprise Program (BEP). On February 9, 1999, the Committee discussed the applicants and made its recommendation to the SLA’s Director of BEP. The Director, who participated in the February 9th discussions, concurred with the Committee’s recommendation, awarding the vending facility management position at Fort Knox to a vendor other than Ms. Autry. Following the Committee’s decision, complainant requested a State fair hearing based upon her dissatisfaction with the Committee’s choice of another vendor. At complainant’s request, a fair hearing on this matter was held on May 12, 13, and 27, June 4 and 25, and July 15, 1999. In a decision dated February VerDate jul<14>2003 15:31 Mar 11, 2005 Jkt 205001 14, 2000, the hearing officer ruled that Ms. Autry failed to demonstrate that the Committee and the SLA improperly applied State rules and regulations governing transfer and promotion in this case. On March 20, 2000, the SLA informed complainant it had adopted the hearing officer’s decision as final agency action. Complainant sought review by a Federal arbitration panel of that decision. Arbitration Panel Decision The issue heard by the panel was whether the Kentucky Department for the Blind violated the Act, 20 U.S.C. 107 et seq., the implementing regulations in 34 CFR part 395, and its own rules and regulations in allegedly improperly denying complainant’s bid on the vending facility at the Fort Knox Military Base. After reviewing all of the records and hearing testimony of witnesses, the majority of the panel ruled that the SLA acted properly and in full and fair compliance with the Act, implementing regulations, and State rules and regulations. Therefore, the panel denied complainant’s grievance. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the U.S. Department of Education. 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 the following site: http://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using 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.gpoaccess.gov/nara/ index.html. Dated: March 8, 2005. John H. Hager, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 05–4941 Filed 3–11–05; 8:45 am] BILLING CODE 4000–01–P PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 12459 DEPARTMENT OF ENERGY Proposed Agency Information Collection U.S. Department of Energy. Notice and request for OMB review and comment. AGENCY: ACTION: SUMMARY: The Department of Energy (DOE) has submitted to the Office of Management and Budget (OMB) for clearance, a proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995. The Department of Energy (DOE) Weatherization Assistance Program (WAP) is a formula grant funding program. DOE has developed four forms designed to reduce the length of time to input information and provide a consistent format for all States to submit as part of their State Application and Plan process. This activity will benefit the program and States because all forms are in electronic format that will populate a database for program information. The program information captured will be used to provide the most current program information for budget, congressional and public inquiries of the program. The forms once approved will be submitted to Grants.gov for conversion to the Pure Edge Viewer Format that will be used in the future as part of the new Grants.gov process system. DATES: Comments regarding this collection must be received on or before April 13, 2005. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at 202–395–4650. ADDRESSES: Written comments should be sent to the DOE Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 735 17th Street, NW., Washington, DC 20503. Comments should also be addressed to: Sharon Evelin, Acting Director, IM– 11/Germantown Bldg., U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585–1290, and to Joseph Konrade, EE–2K, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585–1290. FOR FURTHER INFORMATION CONTACT: Requests for additional information copies of the information collection instrument and instructions should be directed to Joseph Konrade at the address listed in ADDRESSES. E:\FR\FM\14MRN1.SGM 14MRN1

Agencies

[Federal Register Volume 70, Number 48 (Monday, March 14, 2005)]
[Notices]
[Pages 12458-12459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4941]


-----------------------------------------------------------------------

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: The Department gives notice that on October 10, 2003, an 
arbitration panel rendered a decision in the matter of Faye Autry v. 
Kentucky Department for the Blind (Docket No. R-S/00-5). This panel was 
convened by the U.S. Department of Education, under 20 U.S.C. 107d-
1(a), after the Department received a complaint filed by the 
petitioner, Faye Autry.

FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text 
of the arbitration panel decision from Suzette

[[Page 12459]]

E. Haynes, U.S. Department of Education, 400 Maryland Avenue, SW., room 
5022, Potomac Center Plaza, Washington, DC 20202-2800. Telephone: (202) 
245-7374. If you use a telecommunications device for the deaf (TDD), 
you may call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: Under section 6(c) of the Randolph-Sheppard 
Act (the 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 denial of Ms. Faye 
Autry's bid request to transfer to another facility under the Kentucky 
Department for the Blind's transfer and promotion policies, in 
violation of the Act (20 U.S.C. 107 et seq.), the implementing 
regulations in 34 CFR part 395, and State rules and regulations.
    A summary of the facts is as follows: In January 1999 the Kentucky 
Department for the Blind, the State licensing agency (SLA), notified 
vendors of an opening to provide food services at the Fort Knox 
Military Base in Fort Knox, Kentucky.
    On February 26, 1999, the SLA was awarded the food service 
contract. Prior to receiving the food service contract, the SLA's 
Upward Mobility Selection Committee (the Committee) interviewed and 
rated each of the six finalists including Ms. Autry (complainant). The 
SLA used criteria established by the SLA's rules and regulations 
governing the transfer and promotion of vendors in the Kentucky 
Business Enterprise Program (BEP).
    On February 9, 1999, the Committee discussed the applicants and 
made its recommendation to the SLA's Director of BEP. The Director, who 
participated in the February 9th discussions, concurred with the 
Committee's recommendation, awarding the vending facility management 
position at Fort Knox to a vendor other than Ms. Autry.
    Following the Committee's decision, complainant requested a State 
fair hearing based upon her dissatisfaction with the Committee's choice 
of another vendor. At complainant's request, a fair hearing on this 
matter was held on May 12, 13, and 27, June 4 and 25, and July 15, 
1999. In a decision dated February 14, 2000, the hearing officer ruled 
that Ms. Autry failed to demonstrate that the Committee and the SLA 
improperly applied State rules and regulations governing transfer and 
promotion in this case.
    On March 20, 2000, the SLA informed complainant it had adopted the 
hearing officer's decision as final agency action. Complainant sought 
review by a Federal arbitration panel of that decision.

Arbitration Panel Decision

    The issue heard by the panel was whether the Kentucky Department 
for the Blind violated the Act, 20 U.S.C. 107 et seq., the implementing 
regulations in 34 CFR part 395, and its own rules and regulations in 
allegedly improperly denying complainant's bid on the vending facility 
at the Fort Knox Military Base.
    After reviewing all of the records and hearing testimony of 
witnesses, the majority of the panel ruled that the SLA acted properly 
and in full and fair compliance with the Act, implementing regulations, 
and State rules and regulations. Therefore, the panel denied 
complainant's grievance.
    The views and opinions expressed by the panel do not necessarily 
represent the views and opinions of the U.S. Department of Education.

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 the following site: 
http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using 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.gpoaccess.gov/nara/index.html.


    Dated: March 8, 2005.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 05-4941 Filed 3-11-05; 8:45 am]
BILLING CODE 4000-01-P