The MDE NPRM proposed a transfer surface size for diagnostic equipment used by patients in the seated position of 21 inches wide and 15 inches deep (proposed M302.2.2). The Access...
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M302.2.3 Size (Section-by-Section Analysis)
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M303.4 Components (Section-by-Section Analysis)
The MDE NPRM proposed to require diagnostic equipment used by patients seated in a wheelchair which has components that are used to examine specific body parts, be capable of...
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M305.2.2 Length (Section-by-Section Analysis)
In the MDE NPRM there was no requirement for length of the transfer support; however, the MDE NPRM preamble noted that the Access Board was considering requiring the transfer...
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Audio description (Section-by-Section Analysis)
For the purposes of this subsection, the Department is proposing to add a definition for “audio description.” In proposed § 36.303(g)(1)(i), “audio description” is defined as the...
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"Existing Facility" (Section-by-Section Analysis)
Under the ADA, a facility is initially classified as one of three types: (1) An existing facility; (2) an altered facility; or (3) a newly designed and constructed facility. In the...
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"Place of Lodging" (Section-by-Section Analysis)
The Department proposes to add a definition of "place of lodging" that will be used in proposed § 36.406(c) to address the coverage of rental accommodations in time-shares,...
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"Task" emphasis. (Section-by-Section Analysis)
Many commenters followed the lead of an umbrella service dog organization in suggesting that "performing tasks" should form the basis of the service animal definition, that "do work"...
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"Alerting to intruders." (Section-by-Section Analysis)
Some commenters argued that the phrase "alerting to intruders" in the current text has been misinterpreted by some people to apply to a special line of protection dogs that are...
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"Qualified Reader" (Section-by-Section Analysis)
The current title III regulation identifies a qualified reader as an auxiliary aid, but it does not define the term. See 28 CFR 36.303(b)(2). Based upon the Department's...
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Narrative description. (Section-by-Section Analysis)
The Department is also considering options under which it might require that movie theater owners and operators exhibit movies with narrative descriptions, which enable individuals...
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Subpart A-General (Section-by-Section Analysis)
[See subsections ...]
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Subpart A--General (Section-by-Section Analysis)
[See subsections ...]
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"Existing Facility" (Section-by-Section Analysis)
Under the ADA, a facility may be one or more of three types at different points in time: (1) an existing facility, (2) an altered facility, or (3) a newly designed and constructed...
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"Alerting to intruders." (Section-by-Section Analysis)
Some commenters expressed a similar concern regarding the phrase "alerting . . . to intruders" in the current text as the concern expressed by commenters regarding the phrase...
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"Proposed Standards" (Section-by-Section Analysis)
The Department has added the term "proposed standards" to mean the 2004 ADAAG as revised or amended by the Department in this rulemaking. The full text of the 2004 ADAAG is...
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"Task" emphasis. (Section-by-Section Analysis)
Many commenters followed the lead of an umbrella service dog organization and suggested that the phrase "performing tasks" should form the basis of the service animal definition,...
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"Qualified Reader" (Section-by-Section Analysis)
The current regulation identifies a qualified reader as an auxiliary aid, but it does not define the term. See 28 CFR 35.104(2). Based upon the Department's investigation of...
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Comfort animals. (Section-by-Section Analysis)
It is important to address the concept of comfort animals or emotional support animals, which have become increasingly popular. The increased use of comfort animals is primarily by...
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Compliance date. (Section-by-Section Analysis)
Compliance date. When the ADA was enacted, the compliance dates for various provisions were delayed in order to provide time for covered entities to become familiar with their new...
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Other requirements. (Section-by-Section Analysis)
Other requirements. The NPRM also proposed that the regulation include the following requirements: that the work or tasks performed by the service animal must be directly related to...
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Training requirement. (Section-by-Section Analysis)
Training requirement. Certain commenters recommended the adoption of formal training requirements for service animals. The Department has rejected this approach and will not impose...
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Test B (Section-by-Section Analysis)
Test B -- A record of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of...
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Complete complaint (Section-by-Section Analysis)
"Complete complaint." "Complete complaint" is defined to include all the information necessary to enable the Federal agency designated under subpart G as responsible for...
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§35.130(b) (Section-by-Section Analysis)
Paragraph (b) prohibits overt denials of equal treatment of individuals with disabilities. A public entity may not refuse to provide an individual with a disability with an equal...