Page:United States Statutes at Large Volume 88 Part 2.djvu/310

 PUBLIC LAW 93-516-DEC. 7, 1974

1626

[88

STAT.

REPEALS 20 USC 107c, 107e-l,

205. Sections 4 and 7 of the Randolph-Sheppard Act are repealed. SEC.

ARBITRATION; VENDING M A C H I N E I N C O M E; PERSONNEL; TRAINING

20 USC I07d, 107e, 107f. 20 USC 107d-l,

Ante, p. 1625.

Infra.

Ante,

p. 1623.

Infra.

Arbitration panel, duties. 20 USC l 0 7 d - 2.

5 USC 551. 5 USC 701, Membership.

SEC. 206. The Eandolph-Sheppard Act is further amended by redesignating sections 5, 6, and 8, as sections 4, 9, and 10, respectively, and by inserting immediately after section 4, as redesignated, the following new sections: "SEC. 5, (a) Any blind licensee who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to a State licensing agency a request for a full evidentiary hearing, which shall be provided by such agency in accordance with section 3(6) of this Act. If such blind licensee is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 6 of this Actj and the decision of such panel shall be final and binding on the parties except as otherwise provided in this Act. "(b) Whenever any State licensing agency determines that any department, agency, or instrumentality of the United States that has control of the maintenance, operation, and protection of Federal property is failing to comply with the provisions of this Act or any regulations issued thereunder (including a limitation on the placement or operation of a vending facility as described in section 1(b) of this Act and the Secretary's determination thereon) such licensing agency may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 6 of this Act, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this Act. "SEC. 6. (a) Upon receipt of a complaint filed under section 5 of this Act, the Secretary shall convene an ad hoc arbitration panel as provided in subsection (b). Such panel shall, in accordance with the provisions of subchapter II of chapter 5 of title 5, United States Code, 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)(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

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