[Vendorsmi] rb's arbitration panel

Tue Mar 27 20:40:20 UTC 2012

Rutherford Beard Arbitration Panel

Arbitration Panel Decision Under the Randolph-Sheppard Act, 13311-13312 [2012-5411] :: Department Of Education :: Regulation Tracker :: Justia

List of 6 items

Justia.com

Lawyer Directory

Legal Answers

Law Blogs

Regulations

more ?

list end

List of 1 items

Sign In

list end

Justia Regulation Tracker

Enter Search Terms

Enter Search Terms

Search Regulations

Justia >

Regulation Tracker >

Department Of Education >

Arbitration Panel Decision Under the Randolph-Sheppard Act, 13311-13312 [2012-5411]

Arbitration Panel Decision Under the Randolph-Sheppard Act, 13311-13312 [2012-5411]

Share

|

Download as PDF

Agencies

List of 1 items

• DEPARTMENT OF EDUCATION

list end

[Federal Register Volume 77, Number 44 (Tuesday, March 6, 2012)]

[Notices]

[Pages 13311-13312]

>From the Federal Register Online via the Government Printing Office [

www.gpo.gov]

[FR Doc No: 2012-5411]

-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

Arbitration Panel Decision Under the Randolph-Sheppard Act

AGENCY: Department of Education.

ACTION: Notice of decision.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) gives notice that on

October 12, 2011, an arbitration panel rendered a decision in the

matter of the Rutherford Beard v. Michigan Commission for the Blind,

Case no. R-S/08-8.

FOR FURTHER INFORMATION CONTACT: You can obtain a copy of the full text

of the arbitration panel decision from Mary Yang, U.S. Department of

Education, 400 Maryland Avenue SW., room 5162, Potomac Center Plaza,

Washington, DC 20202-2800. Telephone: (202) 245-6327. If you use a

telecommunications device for the deaf (TDD) or a text telephone (TTY),

call the Federal Relay Service (FRS), toll-free, at 1-800-877-8339.

Individuals with disabilities can obtain this document in an

accessible format (e.g., braille, large print, audiotape, or compact

disc) by contacting the program contact person listed in this section.

SUPPLEMENTARY INFORMATION: This arbitration panel was convened by the

Department under 20 U.S.C. 107d-1(a), after receiving a complaint from

the complainant, Rutherford Beard. Under section 6(c) of the Randolph-

Sheppard Act (Act), 20 U.S.C. 107d-2(c), the

[[Page 13312]]

Secretary publishes in the Federal Register a synopsis of each

arbitration panel decision affecting the administration of vending

facilities on Federal and other property.

Background

Rutherford Beard (Complainant) alleged that the Michigan Commission

for the Blind, the State licensing agency (SLA), violated the Act and

implementing regulations in 34 CFR part 395. Specifically, Complainant

alleged that the SLA violated the Act and its implementing regulations

and State rules and regulations governing the Randolph-Sheppard Vending

Facility Program with respect to the closing of his vending facility at

the Lewis Cass Building for renovation and plumbing repairs, resulting

in loss of income for the Complainant's cafeteria.

Complainant further alleged that the Lewis Cass Building Cafeteria

was not a suitable location because the SLA was aware of a history of

plumbing problems in the building. Consequently, when the cafeteria was

closed for renovation and plumbing repairs, Complainant alleged that

this was proof of the lack of suitability for a cafeteria at the Lewis

Cass Building. Thus, the Complainant requested reimbursement from the

SLA for loss of income during the renovation period.

The SLA argued that the Lewis Cass Building Cafeteria was a

suitable vending location and opportunity for a blind vendor. The SLA

acknowledged that, while it was aware that the building had previous

plumbing problems, it was not aware of the severity of the plumbing

issue. Also, the SLA alleged that it had no responsibility to repair

the plumbing in the Lewis Cass Building because the building was under

the jurisdiction of the State's Department of Management and Budget.

The SLA further alleged that Complainant, as a small business operator,

had the responsibility for his own profitability. Moreover, the SLA

alleged that Complainant was unable to provide evidence showing the

amount of lost income during the renovation period.

Complainant filed a request with the SLA for lost income. The SLA

denied Complainant's request. Subsequently, Complainant appealed this

decision with the SLA by filing a request for a State fair hearing. A

hearing was held and the administrative law judge (ALJ) recommended

that Complainant's claim be denied. The SLA adopted the ALJ's

recommendation as a final administrative agency action and

Complainant's grievance was denied.

Complainant then filed a request for Federal arbitration with the

Department. A hearing on this matter was held on March 16, 2011. The

central issue, as determined by the arbitration panel, was whether the

SLA's failure to compensate Complainant for loss of income during the

renovation period of the Lewis Cass Building Cafeteria violated the Act

and its implementing regulations, and State rules and regulations

governing the Randolph-Sheppard Vending Facility Program.

Synopsis of the Arbitration Panel Decision

After reviewing all of the testimony and evidence, the majority of

the panel found that the Lewis Cass Building Cafeteria was a suitable

opportunity for Complainant and as such, Complainant was responsible

for routine building maintenance. The panel majority concluded that,

although the SLA was aware of the previous building plumbing problems,

the SLA had no authority to repair the plumbing problems. Additionally,

the panel majority found that Complainant did not provide competent

evidence to support his allegation of lost income. Although Complainant

had anticipated larger profits from operating a cafeteria at this

location, this grievance was not substantiated by the evidence provided

to the panel. Thus, the panel majority found that Complainant's

estimate of $70,000 for lost profits was speculative and that it had no

basis to rule that Complainant actually lost income or, if so, how much

income Complainant lost.

One panel member concurred in part and dissented in part. This

panel member concurred with the panel majority's finding that there was

no evidence presented by Complainant to support reimbursement by the

SLA for his alleged loss of income during the renovation period of the

cafeteria. At the same time, this panel member dissented from the panel

majority's findings, suggesting that it was not reasonable to place the

entire burden of property-related losses or damages on operators and

suggested that the SLA undertake rulemaking to clarify such situations,

should they occur in the future.

The views and opinions expressed by the panel do not necessarily

represent the views and opinions of the Department.

Electronic Access to This Document: The official version of this

document is the document published in the Federal Register. Free

Internet access to the official edition of the Federal Register and the

Code of Federal Regulations is available via the Federal Digital System

at:

www.gpo.gov/fdsys.

At this site you can view this document, as well

as all other documents of this Department published in the Federal

Register, in text or Adobe Portable Document Format (PDF). To use PDF

you must have Adobe Acrobat Reader, which is available free at this

site. You may also access documents of the Department published in the

Federal Register by using the article search feature at

www.federalregister.gov.

Specifically, through the advanced search

feature at this site, you can limit your search to documents published

by the Department.

Dated: March 1, 2012.

Alexa Posny,

Assistant Secretary for Special Education and Rehabilitative Services.

[FR Doc. 2012-5411 Filed 3-5-12; 8:45 am]

BILLING CODE 4000-01-P

Justiaon

Like  frame

Like

Like

Confirm

You like Justia.

 ·

Admin Page ·

Insights ·

ErrorYou and 100,311 others like this.100311 likes.

Sign Up

to see what your friends like.

 ·

Admin Page ·

Insights ·

Error

Like  frame end

Today on Verdict

Can Employers Legally Ask You for Your Facebook Password When You Apply for a Job? Why Congress and the States Should Prohibit This Practice

Anita Ramasastry

Justia columnist and U. Washington law professor Anita Ramasastry discusses the emerging law relating to whether potential employers may ask job applicants

for their Facebook (and other social-media) passwords.

By

Anita Ramasastry

Ask a Lawyer

Question:

 Please Ask Your Question Here. e.g., Do I need a Bankruptcy Lawyer?

Add question details

Additional Details:

 If you have additional details about your question fill them here

Ask Question

About Legal Answers

Connect with Justia

justiacom on twitter

Follow @Justiacom on Twitter

Check out the latest @onwardjustia post from @

caminick "

The Law: Still Not Free"

http://t.co/wzBpQzHy

fc01497ddfbe92 frame

Given URL is not allowed by the Application configuration.: One or more of the given URLs is not allowed by the Application configuration. It must match

one of the Connect or Canvas URLs or domain must be the same as or a subdomain of one of the Application's base domains.

fc01497ddfbe92 frame end

Likebox  frame

Likebox

Login

Justia

Justia on Facebook

Like

Confirm

You like this.

 ·

Admin Page ·

Insights ·

ErrorYou like this.

 ·

Admin Page ·

Insights ·

Error

100,312 people like Justia.100,311 people like Justia.

r/UlIqmHJn-SK

Belizean

Cristina Beatriz

Hudajo

Aaron

John

plugins/?footer=1

Facebook social plugin

Likebox  frame end

Find a Lawyer

Legal Issue or Lawyer Name

Legal Issue or Lawyer Name

City, State

Mount Morris, MI

Search

Lawyers

near Mount Morris, Michigan

1490398-1206942251-l

Martin T. Lievois

Bankruptcy / Debt, Criminal Law, DUI / DWI

Clinton Township, MI

721762-1432321339-l

Laura L. Shirah

Bankruptcy / Debt

Flint, MI

618880-1007063966-l

Andrew D. Richards

Business Law, Elder Law, Estate Planning, Real Estate Law, Tax Law

Saginaw, MI

717796-1072021818-l

Rex Anderson

Bankruptcy / Debt, Car Accidents, Consumer Law, Criminal Law, DUI / DWI, Injury Law, Medical Malpractice, Workers' Compensation

Davison, MI

724682-353368740-l

Henry Sefcovic

Bankruptcy / Debt, Collections

Flint, MI

See More Lawyers

Lawyers - Get Listed Now!

Get a free full directory profile listing

Copyright ©

Justia ::

Company ::

Terms of Service ::

Privacy Policy ::

Contact Us
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120327/a1018cb8/attachment.html>