The conference committee bill dropped the provision requiring the FCC to issue rules under section 255, which has resulted in questions raised by the comments....
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Rulemaking authority of the Board and effect of the guidelines
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‘‘Facility.’’ (Preamble, Section-by-Section Analysis)
The Department therefore will not interpret the new construction and alterations provisions of subpart D to apply to the types of facilities discussed here, pending further development of...
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Can a public accommodation exclude a person with HIV or AIDS because that person allegedly poses a direct threat to the health and safety of others?
or safety of others” that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the public accommodation’s policies, practices, or procedures, or by the provision...
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Section 36.406(g) Medical Care Facilities
Section 36.406(g) Medical Care Facilities In the 1991 title III regulation, there was no provision addressing the dispersion of accessible sleeping rooms in medical care facilities....
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Section 36.305 Alternatives to Barrier Removal (Preamble, Section-by-Section Analysis)
That section makes clear that the alternative methods requirement does not mandate the provision of personal devices, such as wheelchairs, or services of a personal nature....
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Visual Alarms
This provision, which applies only where work areas have audible alarm coverage, will facilitate accommodation of employees who are deaf or hard of hearing as required under title I of the...
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1003.3.2 Boarding Pier Clearances
The entire length of accessible boarding piers would be required to comply with the same technical provisions that apply to accessible boat slips....
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§35.161 Telecommunication Devices for the Deaf (TDD's)
Where the provision of telephone service is a major function of the entity, TDD’s should be available....
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11B-805 Medical care and long-term care facilities
"Each side" includes both sides and the foot, but does not include the head unless the provision of care requires it....
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APPENDIX A
The afternoon presentation focused on the cost and benefit analysis based on the implementation of key provisions in the proposed Standard affecting exam tables....
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6.1 Deliberative Process
This height range is based on provisions in the 2004 ADA and ABA Accessibility Guidelines for architectural features that involve transfers (e.g., toilet seats, shower seats, dressing benches...
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Standards for Individual Captioning Devices (Section-by-Section Analysis)
The Department has decided not to propose any kind of reserved seating provision in the regulation at this point because it believes that its proposed performance standards will ensure the...
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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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D. Regulatory Flexibility Act
Flexibility Act does not apply to foreign entities, we have examined the effects of this rule not only on U.S. airports and air carriers that are small entities under applicable regulatory provisions...
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Subpart D—Preschool, Elementary, and Secondary Education
The provisions of Subpart D apply to state and local educational agencies....
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10. How do the IDEA FAPE and the Title II effective communication requirements differ with regard to the obligation to provide communication for students with disabilities attending public elementary and secondary schools?
That is, the provision of FAPE under the IDEA does not limit a student’s right to effective communication under Title II. 40 Bd. of Educ. v....
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Legal standard for other power-driven mobility devices. (Section-by-Section Analysis)
A few commenters opposed the proposed provision requiring public accommodations to assess whether reasonable modifications can be made to allow other power-driven mobility devices, preferring...
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Inquiries about service animals. (Section-by-Section Analysis)
Although some commenters contended that the NPRM service animal provisions leave unaddressed the issue of how a public accommodation can distinguish between a psychiatric service animal,...
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233.1 General
There are special provisions applicable to facilities containing residential dwelling units at: Exception 3 to 202.3; Exception to 202.4; 203.8; and Exception 4 to 206.2.3....
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§35.131(a) (Section-by-Section Analysis)
controlled substances pursuant to a valid prescription under supervision by a licensed health care professional, or other use that is authorized by the Controlled Substances Act or any other provision...
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1003.3.2 Boarding Pier Clearances
The entire length of accessible boarding piers would be required to comply with the same technical provisions that apply to accessible boat slips....
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Section 36.406(g) Medical Care Facilities (Section-by-Section Analysis)
Section 36.406(g) Medical Care Facilities (Section-by-Section Analysis) In the 1991 title III regulation, there was no provision addressing the dispersion of accessible sleeping rooms...
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Education's Intent To Revise its Section 504 Regulations To Adopt the 2010 Title II ADA Standards
DOJ, to Federal Agency Civil Rights Directors and General Counsels, titled “Permitting Entities Covered by the Federally Assisted Provisions of Section 504 of the Rehabilitation Act to Use...
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Standards Applicable Prior to March 15, 2012
This is also consistent with the corresponding provision in the Title II regulations, 28 CFR 35.151(c), which provides: If physical construction or alterations commence on or after September...