All public entities are required to do a self-evaluation....
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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Re: Record Retention
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Section 36.401 New Construction (Section-By-Section Analysis and Response to Comments)
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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B. Definition of Recipient
For the purposes of Title VI: The term recipient means any State, political subdivision of any State, or instrumentality of any State or political subdivision, any public or private agency...
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II-3.4300 Right to participate in the regular program
Even if a separate or special program for individuals with disabilities is offered, a public entity cannot deny a qualified individual with a disability participation in its regular program...
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§ 35.137(a) Use of wheelchairs, scooters, and manually powered mobility aids
A public entity shall permit individuals with mobility impairments to use wheelchairs, scooters, walkers, crutches, canes, braces, or other similar devices designed for use by individuals...
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12184(b)(6)
(6) the purchase or lease by such entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than 30 days...
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Qualified individual with a disability
or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public...
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§35.135 Personal devices and services
This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses...
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Sec.36.507 Effect of unavailability of technical assistance
A public accommodation or other private entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any...
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§ 35.108(f)(3)
Liability is established under title II of the ADA only when an individual proves that a public entity discriminated on the basis of disability within the meaning of title II of the ADA,...
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§ 37.35(a)
its rail service, and which connects an intercity rail station and limited other points, is subject to the requirements of this part for fixed route commuter bus service operated by a public...
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Qualified individual with a disability
, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public...
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D. Effective date
Following the publication of a final rule, the Department must set an effective date for the application of any new title II or title III regulations requiring the websites of entities covered...
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1.2 Legal Requirements.
An airport owned by a public entity is required to comply with only those provisions of 49 CFR parts 37 and 38 pertaining to designated or fixed route public transportation systems, found...
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1. The ADA
Title III of the ADA prohibits discrimination on the basis of disability in the “full and equal enjoyment” of places of public accommodation (privately operated entities whose operations...
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28 CFR Part 36, Appendix B: Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (1991 ADA Title III Regulations Preamble)
B Appendix B to Part 36 -- Preamble to Regulation on Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities (Published July 26, 1991) Note...
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Section 36.403 Alterations: Path of Travel
Proposed Sec. 36.403(a)(1) stated that if a private entity has constructed or altered required elements of a path of travel in accordance with the 1991 Standards, the private entity is not...
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Readily Achievable
; (4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees...
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2010 Title II ADA Regulations
(a) A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities...
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§ 35.138(h)(2)
A public entity may investigate the potential misuse of accessible seating where there is good cause to believe that such seating has been purchased fraudulently....
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12148(a)(2) Exception
(2) Exception Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs...
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§ 37.71(a)
(a) Each public entity operating a fixed route system making a solicitation after August 25, 1990, to purchase or lease a new bus or other new vehicle for use on the system, shall ensure...
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‘‘Qualified interpreter.’’
Some claimed that few public entities would understand the difference between a qualified interpreter and a person who simply knows a few signs or how to fingerspell....
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Qualified interpreter (Section-by-Section Analysis)
Some claimed that few public entities would understand the difference between a qualified interpreter and a person who simply knows a few signs or how to fingerspell....