Oklahoma Administrative Code
Title 612 - State Department of Rehabilitation Services
Chapter 25 - Business Enterprise Program
Subchapter 4 - The State Licensing Agency
Part 11 - BUSINESS ENTERPRISE PROGRAM AUDITING AND DUE PROCESS
Section 612:25-4-76 - Arbitration of SLA complaints against federal agencies
Current through Vol. 42, No. 1, September 16, 2024
The SLA is to resolve problems related to the operation of a business enterprise with the full participation of the licensed manager and the appropriate property manager. The SLA may file a complaint with the Secretary (USDE) if it determines that an agency controlling Federal property is not complying with the provisions of the Randolph-Sheppard Act or U.S. Department of Education regulations. After the complaint is received, the Secretary will convene an arbitration panel. If the panel finds that the Federal agency is in violation of the Act or USDE regulations, that Federal agency will be notified that it is expected to correct the violation according to 20 U.S.C. 107d-2. The Secretary pays the reasonable costs of this arbitration. The decision resulting from the arbitration will be published in the Federal Register. The arbitration panel will be convened by the Secretary in accordance with (1) through (4) of this Subsection.
(1) The SLA will designate one member of the panel.
(2) The agency controlling the Federal property over which the dispute arose will designate one member of the panel.
(3) The designees of the SLA and the agency controlling the property will designate a third member who is not an employee of the agency controlling the Federal property. This member will chair the panel.
(4) If either the SLA or the head of the Federal department, agency, or instrumentality fails to designate a member of an arbitration panel, the Secretary shall designate such member on behalf of such party.
Added at 14 Ok Reg 1472, eff 7-1-97
