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...
Search Results "Section 255 of the Communications Act"
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"Existing Facility" (Section-by-Section Analysis)
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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...
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Designated agency (Section-by-Section Analysis)
"Designated agency." The term "designated agency" is used to refer to the Federal agency designated under subpart G of this rule as responsible for carrying out the administrative...
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Triggering event. (Section-by-Section Analysis)
Triggering event. In the NPRM, the Department proposed using the start of physical construction as the triggering event for applying the proposed standards to new construction under...
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E103.4 Content (Section-by-Section Analysis)
The term “content” would be defined as “Electronic information and data, as well as the encoding that defines its structure, presentation, and interactions.” The definition is based...
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Movie captioning. (Section-by-Section Analysis)
Movie captioning. In the NPRM, the Department stated that options were being considered to require movie theater owners and operators to exhibit movies that are captioned for patrons...
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E103.4 Keyboard (Section-by-Section Analysis)
The term “keyboard” would be defined as “a set of systematically arranged alphanumeric keys or a control that generates alphanumeric input by which a machine or device is operated.”...
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Section-By-Section Analysis and Response to Comments
[See subsections ...]
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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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Product (Preamble, Section-by-Section Analysis)
Product. The term product is used in the rule as a shorthand for electronic and information technology. No substantive comments were received regarding this definition and no changes...
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Agency (Preamble, Section-by-Section Analysis)
Agency. The term agency includes any Federal department or agency, including the United States Postal Service. No substantive comments were received regarding this definition and no...
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Substitute cells. (Section-by-Section Analysis)
Substitute cells. In the ANPRM, the Department sought public comment about the most effective means to ensure that existing correctional facilities are made accessible to prisoners...
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Species limitations. (Section-by-Section Analysis)
Species limitations. When the Department originally issued its title III regulation in the early 1990s, the Department did not define the parameters of acceptable animal species. At...
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Alerting to intruders. (Section-by-Section Analysis)
Alerting to intruders. The phrase ‘‘alerting to intruders'' is related to the issues of minimal protection and the work or tasks an animal may perform to meet the definition of a...