The following rules of construction apply when determining whether an impairment substantially limits an individual in a major life activity:...
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§1630.2(j)(1) Rules of construction
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§ 35.108(c)(2)(i)
(i) In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard....
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§ 35.108(d)(1) Rules of construction
The following rules of construction apply when determining whether an impairment substantially limits an individual in a major life activity....
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§ 37.125 ADA paratransit eligibility: Process
Each public entity required to provide complementary paratransit service by §37.121 of this part shall establish a process for determining ADA paratransit eligibility....
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§ 37.7(b)(5)
(5) A determination of compliance will be made by the Administrator of the concerned operating administration on a case-by-case basis, with the concurrence of the Assistant Secretary for...
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6. DOCUMENTATION
In addition, if a determination is made that a facility is not subject to these DoD Standards, the DoD Component Head must ensure that documentation is maintained to justify the determination...
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§35.164 Duties (Section-by-Section Analysis)
It also includes specific requirements for determining the existence of undue financial and administrative burdens....
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Medical Care and Other Services for Persons with Mobility Impairments
Recommendation: If a lot serves more than one facility or portions of a facility not subject to this higher scoping, a local zoning code or other method can be used to determine the number...
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Evaluating Bids / Responses
You can use your Needs Assessment to determine your criteria and decide which items deserve more weight than others....
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5.6 Testing
5.6 Testing Employers may use any kind of test to determine job qualifications. The ADA has two major requirements in relation to tests:...
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§27.125(b)(1)(i)
(i) The responsible Departmental official has advised the applicant or recipient of its failure to comply and has determined that compliance cannot be secured by voluntary means; and...
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T102.1 Calculation of Percentages
Where the determination of the required size or dimension of an element involves ratios or percentages, rounding down for values less than one half shall be permitted....
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Adjusted Construction Cost
DEFINITION NOTES Adjusted Construction Cost New and explicit definition to provide specific costs included in the adjusted construction for determining...
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§104.12(c)
(c) In determining pursuant to paragraph (a) of this section whether an accommodation would impose an undue hardship on the operation of a recipient's program or activity, factors to be...
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"Direct Threat" to Self
However, as emphasized above, such determinations must be strictly based on valid medical analyses or other objective evidence related to this individual, using the factors set out above...
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Sight Lines
A variety of factors determine the quality of "vertical" sight lines, such as the distance from performance areas, row spacing, staggering of seats, and floor slope....
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If Carrier Contends That Attendant Is Required for Safety Reasons and Passenger Disagrees
You should begin by communicating with the passenger to determine the extent of his mobility impairment....
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§382.29(e)
(e) For purposes of determining whether a seat is available for a safety assistant, you must deem the safety assistant to have checked in at the same time as the passenger with a disability...
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F. Unfunded Mandates Reform Act
Unfunded Mandates Reform Act The Department has determined that the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking....
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§27.123(a) Periodic compliance reviews.
The responsible Departmental official or his/her designee, from time to time, reviews the practices of recipients to determine whether they are complying with this part....
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12143(c)(9) Other provisions
(9) Other provisions The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives...
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§8.57(c)(1)
(1) The responsible civil rights official has advised the applicant or recipient of its failure to comply and has determined that compliance cannot be secured by voluntary means;...
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12102(4)(E)(ii)
(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life...