(1) This part does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual...
Search Results "Public Entity"
2010 ADA Definition
Public Entity: From Regulation 36.104: (1) Any State or local government; (2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in section 103(8) of the Rail Passenger Service Act).
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Commonly Searched Documents
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§35.131(c)(1)
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§35.150(d)(4)
(4) If a public entity has already complied with the transition plan requirement of a Federal agency regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements...
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§ 35.152(b)(3)
(3) Public entities shall implement reasonable policies, including physical modifications to additional cells in accordance with the 2010 Standards, so as to ensure that each inmate with...
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§ 37.53(b)
(b) To comply with §§37.47(b) and (d) or 37.51(b) and (d) of this part, the entities named in the agreements are required to use their public participation and planning processes only to...
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§ 35.131(c)(1)
(1) This part does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual...
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§ 35.136(i)(1) Reasonable modifications
A public entity shall make reasonable modifications in policies, practices, or procedures to permit the use of a miniature horse by an individual with a disability if the miniature horse...
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§ 35.138(d)(4) Maximum number of tickets patrons may purchase exceeds four
If patrons are allowed to purchase more than four tickets, a public entity shall allow patrons with disabilities to purchase up to the same number of tickets, including the ticket for the...
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28 CFR Parts 35 and 36, Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description (NPRM)
DEPARTMENT OF JUSTICE 28 CFR Part 36 CRT Docket No. 126; AG Order No. 3449-2014 RIN 1190-AA63 Nondiscrimination on the Basis of Disability by Public Accommodations—Movie...
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Effective date: Time period. (Section-by-Section Analysis)
When the ADA was enacted, the effective dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new obligations. ...
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Section 36.401 New Construction (Preamble, Section-by-Section Analysis)
The proposed rule stated that ‘‘any public accommodation or other private entity responsible for design and construction’’ must ensure that facilities conform to this requirement....
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Effective communication and auxiliary aids.
Revised § 35.160(a) of the title II regulation requires a public entity to take appropriate steps to ensure that communications with individuals with disabilities, including applicants,...
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II-3.10000 Maintenance of accessible features
Public entities must maintain in working order equipment and features of facilities that are required to provide ready access to individuals with disabilities....
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III. JURISDICTION
JURISDICTION The ADA applies to the SCDC because it is a "public entity" as defined by Title II of the ADA. 42 U.S.C. § 12131(1)....
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§ 35.151(a)(2)(i)
(i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements....
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12143(d)(3) Modification of disapproved plan
(3) Modification of disapproved plan Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the...
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§35.130(b)(4) (Section-by-Section Analysis)
specifically applies the prohibition enunciated in §35.130(b)(3) to the process of selecting sites for construction of new facilities or selecting existing facilities to be used by the public...
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§ 36.401(c)(1)
(1) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements....
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§ 35.151(a)(2)(i)
(i) Full compliance with the requirements of this section is not required where a public entity can demonstrate that it is structurally impracticable to meet the requirements....
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§ 35.138(e)(1) Tickets for accessible seating may be released for sale in certain limited circumstances
A public entity may release unsold tickets for accessible seating for sale to individuals without disabilities for their own use for a single event or series of events only under the following...
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§ 37.53(a)
(a) The following agreements entered into in New York, New York, and Philadelphia, Pennsylvania, contain lists of key stations for the public entities that are a party to those agreements...
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§ 37.121(a)
(a) Except as provided in paragraph (c) of this section, each public entity operating a fixed route system shall provide paratransit or other special service to individuals with disabilities...
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[ADA Titles II & III] Primary Function
services lobby of a bank, |_ the dining area of a cafeteria, the meeting rooms in a conference center, as well as offices and other work areas in which the activities of the _|ADA Title II: public...
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Prohibition against surcharges for use of a service animal. (Section-by-Section Analysis)
Several commenters agreed that this provision makes clear the obligation of a public entity to admit an individual with a service animal without surcharges, and that any additional costs...