20 USC 107 - Sec. 107d-2. Arbitration

20 USC - U.S. Code - Title 20: Education (January 2004)


Permanent Link: http://vlex.com/vid/19198283

Id. vLex: VLEX-19198283

Click here to download this article in graphic format (Acrobat Reader)

Search in this document

Sponsored Ads:


Text:

  (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.


Codification

The content of Pub. L. 93-516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93-651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93-651, title II, Sec. 206, Nov. 21, 1974, 89 Stat. 2-11, in exactly the same manner as it was enacted by Pub. L. 93-516.

Prior Provisions

A prior section 6 of act June 20, 1936, which was classified to section 107e of this title, was renumbered section 9 by Pub. L. 93-516, Sec. 206.

Section Referred To In Other Sections

This section is referred to in section 107d-1 of this title.

Other documents:
First of Georgia Insurance Company v. Georgia Power Company., 146 Ga. App. 756, 247 S.E.2d 574 (1978) | Appellee, SUMMARY ORDER v. AUSTIN O. OMORUYI, a/k/a Charles U. Oloro, a/k/a Michael Asazua, United States v. Omoruyi Page Appe... | 10 CFR 70.10 - Deliberate misconduct. | Designation of a Class of Employees for Addition to the Special Exposure Cohort | Tormentas | Case of Tribunal Superior de Justicia - Granada, Andalucía - Sala de lo Social, of November 12, 2002 | Asesinato en la trastienda de Gran Vía | Resolució del Director General de Recursos Hídrics de 18 de maig de 2007 per la que es concedeix aigua depurada proce... | 2001/C 136 E/115E-2803/00 de Feleknas Uca a la Comisión Asunto: Torturas en las cárceles turcas