# Vending Facility Program for the Blind on Federal and Other Property > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-20147 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** August 19, 1994 ## Text DEPARTMENT OF EDUCATION Vending Facility Program for the Blind on Federal and Other Property AGENCY: Department of Education. ACTION: Notice of proposed schedule of arbitration fees and expenses under the Randolph-Sheppard Act. ----------------------------------------------------------------------- SUMMARY: The Secretary proposes a schedule of fees and expenses associated with arbitration proceedings conducted under the Randolph- Sheppard Act that will be paid by the Department. The schedule lists the reasonable costs of arbitration and describes the standards by which the Secretary will support those costs. DATES: Comments must be received on or before October 18, 1994. ADDRESSES: All comments concerning this proposed schedule should be addressed to George Arsnow, U.S. Department of Education, 400 Maryland Avenue SW., room 3230, Mary E. Switzer Building, Washington, DC 20202- 2738. Telephone: (202) 205-9317. FOR FURTHER INFORMATION CONTACT: George Arsnow. Telephone: (202) 205- 9317. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800- 877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: The Randolph-Sheppard Act, 20 U.S.C. 107 et seq., gives blind persons, who are trained and licensed by State vocational rehabilitation agencies (called ``State licensing agencies'' or SLAs), a priority to operate vending facilities on Federal property. The Act further provides for arbitration to resolve disputes that arise under the program between individual vendors and SLAs and between SLAs and Federal agencies. 20 U.S.C. 107d-1(a) and (b). For each of these two categories of arbitrations, the Secretary authorizes the convening of an arbitration panel upon receipt of a complaint filed by either a vendor against an SLA or by an SLA against a Federal agency. 20 U.S.C. 107d-2(a). The Act directs each of the parties to an arbitration to each appoint one arbitrator (or panel member) and directs the two party- appointed arbitrators to select a neutral chairperson. 20 U.S.C. 107d- 2(b) (1) and (2). In order to facilitate this process, the Department sends to the parties names of potential chairpersons from the Roster of Arbitrators maintained by the Federal Mediation and Conciliation Service (FMCS). If the parties seek to appoint a chairperson who is not listed on the FMCS roster, a biographical sketch of that chairperson is to be sent to the Department. Once selected, the panel conducts a hearing and renders a decision, which is subject to appeal and review as a ``final agency action'' for purposes of the Administrative Procedure Act. 20 U.S.C. 107d-2(a). The Act, in 20 U.S.C. 107d-2(d), requires the Secretary to pay all reasonable costs of arbitration in accordance with a schedule of fees and expenses that the Secretary publishes in the Federal Register. Pursuant to this requirement, the Department has continued to pay certain costs associated with arbitration proceedings authorized by the Secretary, but has not published the schedule referred to in the statute. The purpose of this notice is to propose a schedule of fees and expenses under section 107d-2(d) of the Act. The proposed schedule outlines the types of costs that the Secretary considers reasonable costs of arbitration and the standards by which the Secretary will determine the rate of payment for these costs. Generally, the Secretary considers reasonable costs of arbitration to include the cost of preparing the official record of arbitration proceedings, professional fees for arbitration panel members, and food, travel, and lodging expenses of panel members and essential witnesses. The Secretary does not consider attorneys' fees to be part of the reasonable costs of arbitration, but rather considers them the responsibility of each party to the arbitration. The Department has drawn guidance from information and data supplied by the FMCS in formulating these proposed standards. Executive Order 12866 Clarity Executive Order 12866 requires each agency to write regulatory documents that are easy to understand. The Secretary invites comments on how to make this proposed schedule easier to understand, including answers to questions such as the following: (1) Are the requirements in the proposed schedule clearly stated? (2) Does the schedule contain technical terms or other wording that interferes with its clarity? (3) Does the format of the schedule (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce its clarity? Would the schedule be easier to understand if it was divided into more (but shorter) sections? (4) Is the description of the schedule in the ``Supplementary Information'' section of this preamble helpful in understanding the schedule? How could this description be more helpful in making the schedule easier to understand? (5) What else could the Department do to make the schedule easier to understand? A copy of any comments that concern how the Department could make this proposed schedule easier to understand should be sent to Stanley M. Cohen, Regulations Quality Officer, U.S. Department of Education, 400 Maryland Avenue, SW (room 5125, FOB-6), Washington, DC 20202-2241. Regulatory Flexibility Act Certification The Secretary certifies that this proposed schedule would not have a significant economic impact on a substantial number of small entities. Because this proposed schedule would affect only States, State agencies, and individuals, the schedule would not have an impact on small entities. States, State agencies, and individuals are not defined as ``small entities'' in the Regulatory Flexibility Act. Invitation to Comment Interested persons are invited to submit comments and recommendations regarding this proposed schedule. All comments submitted in response to this proposed schedule will be available for public inspection, during and after the comment period, in room 3230, 330 C Street, SW, Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday of each week except Federal holidays. Dated: August 12, 1994. (Catalog of Federal Domestic Assistance Number does not apply) Richard W. Riley, Secretary of Education. Reasonable Costs of Arbitration Under the Randolph-Sheppard Act The Secretary proposes that the reasonable costs of arbitration under 20 U.S.C. 107d-2(d) are the following: (a) Stenographic Record. (1) General Provisions. The Department will pay the costs of the services of the official reporter assigned to the arbitration, including preparation of the official transcript of the hearing and six copies thereof. The official transcript and one copy thereof must be submitted to the Department. The remaining five copies of the transcript must be distributed among the parties as determined by the arbitration panel chairperson. Costs of the services of the official reporter may not exceed the reasonable and customary costs for those services in the locality in which the services are furnished. (2) Cancellation. The official reporter may charge the Department its customary fee for cancellation of an arbitration proceeding in situations in which a proceeding is canceled within 24 hours of its scheduled date and time. (b) Fees of Arbitrators. (1) Per Diem. The Department will pay a per diem fee to arbitration panel members, who are not otherwise employed by the Federal or State Government, for their services during the course of the arbitration. The per diem fee to be paid by the Department must be the lesser of-- (i) The customary fee charged by the individual panel member; or (ii) The reasonable and customary fee charged by arbitrators in the locality where the arbitration will be held. (2) Postponement or Cancellation within 48 hours. If a scheduled arbitration proceeding is postponed or canceled within 48 hours of its scheduled date and time, panel members may charge the Department-- (i) A predetermined, customary, and reasonable postponement or cancellation fee; and (ii) That portion of the arbitrator's per diem fee proportional to the actual time the panel member expended in preparing for the proceeding. (3) Other Postponements or Cancellations. If a scheduled arbitration proceeding is postponed or canceled more than 48 hours prior to its scheduled date, panel members may charge the Department only that portion of the per diem fee proportional to the actual time expended in preparing for the proceeding. (4) Notice. The customary per diem and predetermined fees charged by a panel member must be included in a biographical sketch that is to be sent to the Department following his or her appointment to the panel. (c) Travel, Lodging, and Meal Expenses of Arbitrators and Witnesses. (1) Arbitrators. Notwithstanding that the Secretary urges the parties to appoint panel representatives from the locality in which the dispute arose and the hearing is to be held, the Department will reimburse the travel, lodging, and food expenses of the arbitration panel members incurred for the purpose of attending hearings and for the purpose of attending any pre- or post-hearing conferences that cannot be conducted by telephone. These expenses will be reimbursed at the rate applicable to Federal Government employees traveling on government business to the hearing location. The Secretary urges the two panel representatives appointed by the parties to select a neutral chairperson from the locality in which the dispute arose and the hearing is to be held. (2) Witnesses. The Department will reimburse the travel, lodging, and food expenses of witnesses for the purpose of testifying at hearings, if the witness does not reside at the locality of the arbitration proceeding and the testimony of the witness is deemed by the arbitration panel chairperson to be essential to the proper resolution of the dispute. These expenses will be reimbursed at the rate applicable to Federal Government employees traveling on government business to the hearing location. (d) Responsibility of Parties. Attorneys' fees are not considered part of the reasonable costs of arbitration supported by the Department, but are the responsibility of each party to the arbitration. (Authority: 20 U.S.C. 107d-2(d)) [FR Doc. 94-20147 Filed 8-18-94; 8:45 am] BILLING CODE 4000-01-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-20147. Public record. Not legal advice.