20 U.S.C. § 107d–2 — Arbitration

(a) Notice and hearing. Once the Secretary gets a complaint filed under section 107d–1, the Secretary must convene an ad hoc arbitration panel as subsection (b) describes. That panel must give notice, hold a hearing, and issue a decision following the procedures in 5 U.S.C. subchapter II of chapter 5 (the formal-hearing rules). The decision can be appealed and reviewed as a final agency action under chapter 7 of title 5. (b) Composition of the panel; chairman; ending violations. (1) For a panel hearing a blind licensee's grievance, three members are appointed: (A) one chosen by the state licensing agency; (B) one chosen by the blind licensee; and (C) one — who serves as chairman — jointly chosen by those first two members, and who cannot be employed by the state licensing agency or its parent agency. If any side fails to name its member, the Secretary names that member instead. (2) For a panel hearing a state agency's complaint against a federal agency, three members are appointed: (A) one chosen by the state licensing agency; (B) one chosen by the head of the federal agency that controls the property in dispute; and (C) one — who serves as chairman — jointly chosen by those two, and who cannot be employed by that federal agency. Again, if any side fails to name its member, the Secretary names that member. If this panel finds the federal agency's acts or practices violate this chapter or its regulations, the head of that agency must promptly stop those acts or practices and take whatever other action is needed to carry out the panel's decision. (c) Publishing decisions. Every panel decision under this section is a public record and must be published in the Federal Register. (d) Paying costs. The Secretary pays all reasonable arbitration costs under this section, following a fee and expense schedule the Secretary publishes in the Federal Register.