The Department is convinced that regulation is warranted at this time in order to achieve the goals and promise of the ADA....
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1. Purpose and Need for Rule and Scope of Regulatory Assessment
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TITLE II COVERAGE AND FINDINGS
In the course of the Department’s investigation of facts brought to its attention by the Complainant, the Department has identified additional disability-related University policies and/...
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QUESTION: WHAT DOES THE RULE MEAN BY “EXISTING FREIGHT OPERATIONS?”
., as noted in the Preamble to the rule, 10 years), the Department treats the situation as not constituting “existing” freight operations....
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Section 36.403 Alterations: Path of Travel (Section-by-Section Analysis)
Section 36.403 Alterations: Path of Travel (Section-by-Section Analysis) In the NPRM, the Department proposed one change to Sec. 36.403 on alterations and path of travel by adding a path...
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§35.161 Telecommunication Devices for the Deaf (TDD's) (Section-by-Section Analysis)
Section 204(b) of the ADA requires that the regulation implementing title II with respect to communications be consistent with the Department's regulation implementing section 504 for its...
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202.5 Alterations to Qualified Historic Buildings and Facilities
Public entities have an additional obligation to achieve program accessibility under the Department of Justice ADA regulations. See 28 CFR 35.150....
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4. b. GOVERNMENT ADA PUBLICATIONS AND INFORMATION
Department of Justice Civil Rights Division Americans with Disabilities Act (ADA) Guide for Small Businesses, October 15, 2002 www.sbaonline.sba.gov/ada/smbusgd.html PDF (835 KB...
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Glossary of Acronyms
DIA Disabled in Action DIMENET Disabled Individuals Movement for Equality Network DLRC Disability Law Resource Center DOJ Department...
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B. Title III's Implementing Regulation
The Department updated this list in 2010 to reflect changes in technology and the auxiliary aids and services commonly used by individuals who are deaf or hard of hearing, or blind or have...
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§35.150 Existing Facilities
The concept of ‘‘program accessibility’’ was first used in the section 504 regulation adopted by the Department of Health, Education, and Welfare for its federally assisted programs and...
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Readily achievable (Section-By-Section Analysis and Response to Comments)
The Department believes that this complex issue is most appropriately resolved on a case-by-case basis....
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DOT Response
The Department does not currently have legal tools to overcome this refusal....
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B. Legal foundation for equipment and furniture coverage
The provision of accessible equipment and furniture has always been required by the ADA and the Department's implementing regulations under the program accessibility, reasonable modification...
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Condition, Manner, or Duration Examples, Including Negative Effects of Mitigating Measures
The Department’s discussion in the NPRM preamble noted that such non-ameliorative effects could include negative side effects of medicine, burdens associated with following a particular...
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Platform Lifts
Although the triggering condition (site constraints) must be exterior, the permitted platform lift may in fact be located in the interior of a building....
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F. Availability of Materials Incorporated by Reference
The primary purpose of this standard is to limit movements of rear-facing wheelchairs and other mobility devices that could result in hazardous contact with vehicle interiors or injury to...
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XI. Overview of Americans with Disabilities Act Accessibility Guidelines for New Construction and Alterations
One TDD must be provided inside any building that has four or more public pay telephones, counting both interior and exterior phones....
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707 Automatic Teller Machines and Fare Machines
However, for entities covered by the ADA, the Department of Justice regulations that implement the ADA provide additional guidance regarding the relationship between these requirements and...
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2. What information shall the notice include?
This chapter contains a model “Notice Under the Americans with Disabilities Act” created by the Department of Justice....
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SUPPLEMENTARY INFORMATION:
The Department of Justice is formally announcing the withdrawal of four previously announced Advance Notices of Proposed Rulemaking (ANPRMs) pertaining to title II and title III of the Americans...
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202.3.1 Prohibited Reduction in Access
Department of Justice regulations 28 CFR 35.133 for public entities (Title II) and 28 CFR 36.211 for private entities (Title III) clarify that reduction of accessibility is benchmarked to...
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The Department filed a lawsuit against Cinemark on March 24, 1999, in the United States District Court for the Northern District of Ohio, to enforce compliance with the requirements of Title...
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The ADA’s Benefits to Businesses
Department of Labor states that people with disabilities have $175 billion annually in discretionary spending power....
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707 Automatic Teller Machines and Fare Machines
However, for entities covered by the ADA, the Department of Justice regulations that implement the ADA provide additional guidance regarding the relationship between these requirements and...