28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM (2008 Title III NPRM)

17. Redesignate §36.605 as §36.604 and revise paragraphs (a), (a)(2), and (b) to read as follows:

§ 36.605 [Redesignated as § 36.604.]

§ 36.604 Procedure following preliminary determination of equivalency.

(a) If the Assistant Attorney General makes a preliminary determination of equivalency under § 36.603, he or she shall inform the submitting official, in writing, of that preliminary determination.  The Assistant Attorney General also shall:

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(2) After considering the information received in response to the notice described in paragraph (a) of this section, and after publishing a separate notice in the Federal Register, hold an informal hearing, in the State or local jurisdiction charged with administration and enforcement of the code, at which interested individuals, including individuals with disabilities, are provided an opportunity to express their views with respect to the preliminary determination of equivalency; and

(b) The Assistant Attorney General--after consultation with the Architectural and Transportation Barriers Compliance Board and consideration of the materials and information submitted pursuant to this section, as well as information previously provided by the submitting official--shall issue either a certification of equivalency or a final determination to deny the request for certification.  The Assistant Attorney General shall publish notice of the certification of equivalency or denial of certification in the Federal Register.