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28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)

Note: This NPRM is part of the Corada Archives, as it was originally published to the Federal Register in 2008. The Department of Justice published final regulations on September 15, 2010, and the revised final rules went into effect on March 15, 2011. On August 11, 2016, a final rule was published that took effect on October 11, 2016, that revised the Title II regulations to implement the requirements of the ADA Amendments Act of 2008.

(f) Inquiries.  A public entity shall not ask about the nature or extent of a person's disability, but can determine whether an animal qualifies as a service animal.  For example, a public entity may ask: if the animal is required because of a disability; and what work or task the animal has been trained to perform.  A public entity shall not require documentation, such as proof that the animal has been certified or licensed as a service animal.

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