Arbitration Panel Decision Under the Randolph-Sheppard Act, 34457-34458 [E7-12138]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices
Application Control Center, Attention:
(CFDA Number 84.132B), 550 12th
Street, SW., Room 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 11 of the SF 424 the CFDA number,
including suffix letter, if any, of the
competition under which you are submitting
your application; and
(2) The Application Control Center will
mail to you a notification of receipt of your
grant application. If you do not receive this
notification 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.
rwilkins on PROD1PC63 with NOTICES
V. Application Review Information
Selection Criteria: The selection
criteria for this competition are in 34
CFR 366.15 and are listed in the
application package.
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 Notice (GAN).
We may notify you informally, also.
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 in 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
GAN also incorporates your approved
application as part of your binding
commitments under the grant.
3. Reporting: At the end of your
project period, 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 directed by
the Secretary under 34 CFR 75.118. The
Secretary may also require more
frequent performance reports under 34
CFR 75.720(c). For specific
requirements on reporting, please go to
VerDate Aug<31>2005
16:51 Jun 21, 2007
Jkt 211001
https://www.ed.gov/fund/grant/apply/
appforms/appforms.html.
4. Performance Measures: The
Government Performance and Results
Act of 1993 (GPRA) 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 goal of these grants is to provide
training and technical assistance with
respect to planning, developing,
conducting, administering, and
evaluating CILs to the following eligible
entities authorized under title VII of the
Rehabilitation Act of 1973, as amended:
Eligible agencies, CILs, and SILCs.
In annual performance reports,
grantees are required to provide specific
information on the number of training
activities, the topics of each training
program, the number and types of
participants served (i.e., CILs, SILCs, or
eligible agencies), and summary data
from participant evaluations.
VII. Agency Contact
For Further Information Contact:
Thomas Kelley, U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 5055, Potomac Center Plaza,
Washington, DC 20202–2800.
Telephone: (202) 245–7404 or by e-mail:
thomas.kelley@ed.gov.
If you use a TDD, call the FRS, toll
free, at 1–800–877–8339.
VIII. Other Information
Alternative Format: Individuals with
disabilities can obtain this document
and a copy of the application package in
an alternative format (e.g., Braille, large
print, audiotape, or computer diskette)
by contacting the Grants and Contracts
Services Team, U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 5075, PCP, Washington, DC
20202–2500. Telephone: (202) 245–
7363. If you use a TDD, call the FRS, toll
free, at 1–800–877–8339.
Electronic Access to This Document:
You can 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: https://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
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
34457
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Dated: June 19, 2007.
John H. Hager,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. E7–12117 Filed 6–21–07; 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 of Education
(Department) gives notice that on
October 16, 2006, an arbitration panel
rendered a decision in the matter of
Terry Ward v. Ohio Rehabilitation
Services Commission, Bureau of
Services for the Blind (Case No. R–S/05–
1). This panel was convened by the
Department under 20 U.S.C. 107d–1(a),
after the Department received a
complaint filed by the petitioner, Terry
Ward.
FOR FURTHER INFORMATION CONTACT: You
may obtain a copy of the full text of the
arbitration panel decision from Suzette
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 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
under FOR FURTHER INFORMATION
CONTACT.
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
Terry Ward (complainant) alleged
violations by the Ohio Rehabilitation
Services, Bureau of Services for the
Blind, the State Licensing Agency (SLA)
regarding the Act, the implementing
regulations in 34 CFR part 395, and
E:\FR\FM\22JNN1.SGM
22JNN1
34458
Federal Register / Vol. 72, No. 120 / Friday, June 22, 2007 / Notices
State rules and regulations surrounding
the selection process utilized by the
SLA to fill a vacancy at Facility #531
located at the Wright-Patterson Air
Force Base in Dayton, Ohio.
rwilkins on PROD1PC63 with NOTICES
Summary
On March 21, 2003, the SLA
announced a vacancy at Facility #531, a
collection of four bagel shops located in
buildings 28, 556, 558, and 560 at the
Wright-Patterson Air Force Base in
Dayton, Ohio. The bid announcement
indicated that all applicants were to
submit a business plan with their
application. On April 1, 2003,
complainant applied for a position at
Facility #531 and complied with all
aspects of the bid announcement.
Following the bid closing, complainant
and another vendor were both being
considered for Facility #531.
Complainant alleged that the SLA
applied its transfer and promotion
policies incorrectly. Complainant
contended that there are six specific
criteria that the SLA normally uses to
rate candidates on a scale of 1 to 10.
Additionally, an interview is also
required. Complainant alleged that the
SLA’s selection committee used a
different scoring system, rating each of
the criteria on a scale of 1 to 100 instead
of 1 to 10.
Complainant further alleged that a
member of the selection committee had
a conflict of interest. Specifically,
complainant alleged that the selection
committee member was interested in
becoming the manager of the location
that would be vacated by the other
candidate, thus, making the selection
committee biased toward the other
candidate to be named the manager of
Facility #531. Complainant asserted that
his scores in training and the fact that
he has 120 semester hours of college
education made him the more qualified
candidate for Facility #531.
Complainant filed a grievance against
the SLA on this matter. A hearing on the
grievance was scheduled for March 15,
2004, but was later cancelled. The
parties were instructed by the hearing
officer to submit to him written briefs
on complainant’s grievance. On July 23,
2004, after reviewing the briefs, the
hearing officer denied complainant’s
grievance in its entirety. On September
27, 2004, the SLA adopted the hearing
officer’s order 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 actions taken by the Ohio
Rehabilitation Services Commission,
Bureau of Services for the Blind
VerDate Aug<31>2005
16:51 Jun 21, 2007
Jkt 211001
concerning the selection process for
Facility #531 at Wright-Patterson Air
Force Base were in accordance with the
Act, implementing regulations and State
rules and regulations regarding the
operation or administration of the
Randolph-Sheppard vending facility
program.
After reviewing all of the records and
hearing testimony of witnesses, the
panel ruled that the SLA violated the
Act, implementing regulations, and
State rules and regulations in
conducting the selection process for
Facility #531. The panel issued a fourpart ruling as follows: (1) The SLA must
conduct another selection for Facility
#531; (2) Individuals who served on the
previous panel are ineligible to
participate in the new process, and only
the complainant and the other vendor
are eligible to be considered as
candidates; (3) In evaluating the two
candidates, the SLA is prohibited from
considering the experience of the other
vendor who is currently operating
Facility #531; and (4) The SLA must
reimburse the complainant for all
attorney fees and other costs that he
incurred with his complaint. The
amount must include all cost and fees
from the time that the selection
committee awarded Facility #531 to the
other vendor.
The views and opinions expressed by
the panel do not necessarily represent
the views and opinions of the
Department.
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: https://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: https://www.gpoaccess.gov/nara/
index.html.
Dated: June 14, 2007.
John H. Hager,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. E7–12138 Filed 6–21–07; 8:45 am]
BILLING CODE 4000–01–P
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
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 of Education
(Department) gives notice that on
October 2, 2006, an arbitration panel
rendered a decision in the matter of
Michael Benson v. Georgia Department
of Labor, Division of Rehabilitation
Services (Case No. R–S/04–2). This
panel was convened by the Department
under 20 U.S.C. 107d–1(a), after the
Department received a complaint filed
by the petitioner, Michael Benson.
FOR FURTHER INFORMATION CONTACT: You
may obtain a copy of the full text of the
arbitration panel decision from Suzette
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 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
under FOR FURTHER INFORMATION
CONTACT.
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 concerned alleged
violations of the Act, the implementing
regulations in 34 CFR part 395, and
State rules and regulations by the
Georgia Department of Labor, Division
of Rehabilitation Services, the State
licensing agency (SLA), regarding
Michael Benson’s (complainant)
placement as the licensed manager of a
cafeteria operated under contract at the
Federal Law Enforcement Training
Center (FLETC) in Brunswick, Georgia.
Summary
In 1999, the SLA was awarded a
contract to operate the FLETC cafeteria.
In March 1999, the SLA, through its
nominee agency Georgia Cooperative
Services for the Blind, contracted with
Southern Food Service Management
E:\FR\FM\22JNN1.SGM
22JNN1
]]>Agencies
[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Notices]
[Pages 34457-34458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12138]
-----------------------------------------------------------------------
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 of Education (Department) gives notice that on
October 16, 2006, an arbitration panel rendered a decision in the
matter of Terry Ward v. Ohio Rehabilitation Services Commission, Bureau
of Services for the Blind (Case No. R-S/05-1). This panel was convened
by the Department under 20 U.S.C. 107d-1(a), after the Department
received a complaint filed by the petitioner, Terry Ward.
FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text
of the arbitration panel decision from Suzette 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 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 under FOR FURTHER
INFORMATION CONTACT.
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
Terry Ward (complainant) alleged violations by the Ohio
Rehabilitation Services, Bureau of Services for the Blind, the State
Licensing Agency (SLA) regarding the Act, the implementing regulations
in 34 CFR part 395, and
[[Page 34458]]
State rules and regulations surrounding the selection process utilized
by the SLA to fill a vacancy at Facility 531 located at the
Wright-Patterson Air Force Base in Dayton, Ohio.
Summary
On March 21, 2003, the SLA announced a vacancy at Facility
531, a collection of four bagel shops located in buildings 28,
556, 558, and 560 at the Wright-Patterson Air Force Base in Dayton,
Ohio. The bid announcement indicated that all applicants were to submit
a business plan with their application. On April 1, 2003, complainant
applied for a position at Facility 531 and complied with all
aspects of the bid announcement. Following the bid closing, complainant
and another vendor were both being considered for Facility
531.
Complainant alleged that the SLA applied its transfer and promotion
policies incorrectly. Complainant contended that there are six specific
criteria that the SLA normally uses to rate candidates on a scale of 1
to 10. Additionally, an interview is also required. Complainant alleged
that the SLA's selection committee used a different scoring system,
rating each of the criteria on a scale of 1 to 100 instead of 1 to 10.
Complainant further alleged that a member of the selection
committee had a conflict of interest. Specifically, complainant alleged
that the selection committee member was interested in becoming the
manager of the location that would be vacated by the other candidate,
thus, making the selection committee biased toward the other candidate
to be named the manager of Facility 531. Complainant asserted
that his scores in training and the fact that he has 120 semester hours
of college education made him the more qualified candidate for Facility
531.
Complainant filed a grievance against the SLA on this matter. A
hearing on the grievance was scheduled for March 15, 2004, but was
later cancelled. The parties were instructed by the hearing officer to
submit to him written briefs on complainant's grievance. On July 23,
2004, after reviewing the briefs, the hearing officer denied
complainant's grievance in its entirety. On September 27, 2004, the SLA
adopted the hearing officer's order 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 actions taken by the
Ohio Rehabilitation Services Commission, Bureau of Services for the
Blind concerning the selection process for Facility 531 at
Wright-Patterson Air Force Base were in accordance with the Act,
implementing regulations and State rules and regulations regarding the
operation or administration of the Randolph-Sheppard vending facility
program.
After reviewing all of the records and hearing testimony of
witnesses, the panel ruled that the SLA violated the Act, implementing
regulations, and State rules and regulations in conducting the
selection process for Facility 531. The panel issued a four-
part ruling as follows: (1) The SLA must conduct another selection for
Facility 531; (2) Individuals who served on the previous panel
are ineligible to participate in the new process, and only the
complainant and the other vendor are eligible to be considered as
candidates; (3) In evaluating the two candidates, the SLA is prohibited
from considering the experience of the other vendor who is currently
operating Facility 531; and (4) The SLA must reimburse the
complainant for all attorney fees and other costs that he incurred with
his complaint. The amount must include all cost and fees from the time
that the selection committee awarded Facility 531 to the other
vendor.
The views and opinions expressed by the panel do not necessarily
represent the views and opinions of the Department.
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:
https://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: https://www.gpoaccess.gov/
nara/.
Dated: June 14, 2007.
John H. Hager,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. E7-12138 Filed 6-21-07; 8:45 am]
BILLING CODE 4000-01-P
