20 U.S.C. § 107d-2 : US Code - Section 107D-2: Arbitration

Search 20 U.S.C. § 107d-2 : US Code - Section 107D-2: Arbitration

(a) Notice and hearing
Upon receipt of a complaint filed under section 107d-1 of this
title, the Secretary shall convene an ad hoc arbitration panel as
provided in subsection (b) of this section. Such panel shall, in
accordance with the provisions of subchapter II of chapter 5 of
title 5, give notice, conduct a hearing, and render its decision
which shall be subject to appeal and review as a final agency
action for purposes of chapter 7 of such title 5.
(b) Composition of panel; designation of chairman; termination of
violations
(1) The arbitration panel convened by the Secretary to hear
grievances of blind licensees shall be composed of three members
appointed as follows:
(A) one individual designated by the State licensing agency;
(B) one individual designated by the blind licensee; and
(C) one individual, not employed by the State licensing agency
or, where appropriate, its parent agency, who shall serve as
chairman, jointly designated by the members appointed under
subparagraphs (A) and (B).
If any party fails to designate a member under subparagraph (1)(A),
(B), or (C), the Secretary shall designate such member on behalf of
such party.
(2) The arbitration panel convened by the Secretary to hear
complaints filed by a State licensing agency shall be composed of
three members appointed as follows:
(A) one individual, designated by the State licensing agency;
(B) one individual, designated by the head of the Federal
department, agency, or instrumentality controlling the Federal
property over which the dispute arose; and
(C) one individual, not employed by the Federal department,
agency, or instrumentality controlling the Federal property over
which the dispute arose, who shall serve as chairman, jointly
designated by the members appointed under subparagraphs (A) and
(B).
If any party fails to designate a member under subparagraph (2)(A),
(B), or (C), the Secretary shall designate such member on behalf of
such party. If the panel appointed pursuant to paragraph (2) finds
that the acts or practices of any such department, agency, or
instrumentality are in violation of this chapter, or any regulation
issued thereunder, the head of any such department, agency, or
instrumentality shall cause such acts or practices to be terminated
promptly and shall take such other action as may be necessary to
carry out the decision of the panel.
(c) Publication of decisions in Federal Register
The decisions of a panel convened by the Secretary pursuant to
this section shall be matters of public record and shall be
published in the Federal Register.
(d) Payment of costs by the Secretary
The Secretary shall pay all reasonable costs of arbitration under
this section in accordance with a schedule of fees and expenses he
shall publish in the Federal Register.
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