[Vendorsmi] rb's arbitration panel
Terry Eagle
terrydeagle at yahoo.com
Wed Mar 28 11:43:20 UTC 2012
Here is a classic example of incompetent BEP management and passing the buck
for their responsibility for facility maintainance, even if it was to work
with DTMB to get the problem resolved in the first place. AND now BEP is
going to DTMB? This is an indication of what is ahead for BEP and operators
and their facilities, with neither DTMB nor BEP taking care of their
responsibilities under the law and administrative rules. Oh, excuse them
please, they are law-breakers, not the law-enforcers the law requires of
them! They only follow and enforce the laws when it benefits BEP and MCB
management, and their cozy dedfellows!
_____
From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On
Behalf Of joe harcz Comcast
Sent: Tuesday, March 27, 2012 4:40 PM
To: Vendorsmi at nfbnet.org
Subject: [Vendorsmi] rb's arbitration panel
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 C
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/20120328/cfc90368/attachment.html>
More information about the VendorsMI
mailing list