Hinton v. US Dept. of Educ., Civ-1-87-407.
Decision Date | 13 September 1988 |
Docket Number | No. Civ-1-87-407.,Civ-1-87-407. |
Citation | 700 F. Supp. 21 |
Parties | Wayne HINTON, Plaintiff, v. UNITED STATES DEPARTMENT OF EDUCATION and the Tennessee Department of Human Services, Defendants. |
Court | U.S. District Court — Eastern District of Tennessee |
F.H. Atchley, Jr., Chattanooga, Tenn., for plaintiff.
Gary Humble, Asst. U.S. Atty., Chattanooga, Tenn., for U.S.
Dianne Stamey, Asst. Atty. Gen., Nashville, Tenn., for State of Tenn.
This case is before the Court on motions for summary judgment which have been filed by each of the parties. The essential facts are not in dispute.
Plaintiff, a resident of Tennessee, is a blind vendor duly licensed by the Tennessee Department of Human Services under the provisions of the Randolph-Sheppard Act, 20 U.S.C. §§ 107 et seq., to operate a vending facility at the Tennessee Valley Authority ("TVA") Watts Bar Nuclear Power Plant in Rhea County, Tennessee.
In 1984, plaintiff sought a fair evidentiary hearing by the state agency claiming that he, as the blind licensee of the vending facility at TVA's Watts Bar Nuclear Power Plant, was entitled to income received from vending machines at that plant under the provisions of 20 U.S.C. § 107d-3. The state agency provided this hearing on January 17, 1985, pursuant to 20 U.S.C. § 107d-1(a).
The state hearing officer who heard the case issued a decision on February 20, 1985, granting the relief requested by the plaintiff — namely a certain amount of past and future income from vending machines at the Watts Bar Nuclear Power Plant. This decision was reviewed by the Commissioner of the Tennessee Department of Human Services who, on March 26, 1985, denied the plaintiff's claim, refusing to adopt the decision of the hearing officer. The principal issue seems to have been whether the Watts Bar Plant was two facilities. The state agency contended that since the vending machines were located at the "construction site," and the plaintiff's vending stand was located on the "power" site, the plaintiff was not entitled to revenue from the machines at the "construction site."
The plaintiff, being dissatisfied with the decision of the state agency, filed on April 19, 1985, a complaint with the Secretary of Education ("Secretary") in accordance with 20 U.S.C. § 107d-1(a) and § 107d-2 to convene an arbitration panel.
On July 16, 1986, the Secretary declined to convene an arbitration panel for essentially two stated reasons: (1) Prospective relief could not be granted because licenses had been given to blind vendors at the "construction" site; and (2) No retroactive relief could be given by any arbitration panel against the state agency because of the Eleventh Amendment to the Constitution of the United States.
On November 20, 1987, plaintiff brought this action against both the United States Department of Education and the Tennessee Department of Human Services under 20 U.S.C. § 107d-2(a) and 5 U.S.C. §§ 701 et seq. for judicial review of the Secretary's adverse decision. For reasons expressed below, this Court's jurisdiction at this stage of the proceedings is in reality founded on 28 U.S.C. § 1331.
The Randolph-Sheppard Act makes it very clear that the plaintiff is entitled to an arbitration panel. 20 U.S.C. § 107d-1(a) provides:
The state agency, as a part of its agreement with the Secretary, agrees:
... to provide any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d-1 of this title. (Emphasis supplied).
20 U.S.C. § 107b(6).
The Secretary, in refusing to convene an arbitration panel pursuant to the plaintiff's request, has violated the statute. The Secretary does not have discretion to decide that there is "no basis" for convening such a panel.
The rationale offered by both defendants for the refusal to convene an arbitration is that such a panel, according to the defendants, could not order monetary relief against the state for vending machine receipts without violating the Eleventh Amendment. Of course, at this point, since the case has not yet been sent to arbitration, we...
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Tennessee Dept. of Human Services v. U.S. Dept. of Educ.
...court determined that the Act created a mandatory duty and ordered the Secretary to convene the panel. Hinton v. United States Dep't of Educ., 700 F.Supp. 21, 23 (E.D.Tenn.1988). The arbitration panel determined that the power plant was a single property, and that the vending facilities wer......