Page:United States Statutes at Large Volume 89.djvu/49

 PUBLIC LAW 93-651—NOV. 21, 1974

89 STAT. 2-11

REPEALS

SEC. 205. Sections 4 and 7 of the Randolph-Sheppard Act are 20 USC 107c, repealed. 107e-l. ARBITRATION; VENDING M A C H I N E INCOME; PERSONNEL; TRAINING

SEC. 206. The Randolph-Sheppard Act is further amended by redesignating sections 5, 6, and 8, as sections 4, 9, and 10, respectively, and 20 USC 107d, by inserting immediately after section 4, as redesignated, the follow- 107e, 107f. ing new sections: " S E C 5. (a) Any blind licensee who is dissatisfied with any action 20 USC 107d 1. 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 Ante, p. 2-10. 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 Act, and the Infra. 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 Ante, p. 2-8. 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 x^ct, and the decision Infra. 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 Arbitration this Act, the Secretary shall convene an ad hoc arbitration panel as panel, duties. provided in subsection (b). Such panel shall, in accordance with the 20 USC 107d-2. provisions of subchapter II of chapter 5 of title 5, United States Code, give notice, conduct a hearing, and render its decision which 5 USC 551. shall be subject to appeal and review as a final agency action for pur5 USC 701. poses of chapter 7 of such title 5. "(b)(1) The arbitration panel convened by the Secretary to hear Membership. 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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