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1.3. Public Comments on Initial Regulatory Assessment and Department Responses
The Department received comments from movie industry representatives, individuals with disabilities, advocacy groups representing individuals with disabilities, State and Federal entities...
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Uniform Federal Accessibility Guidelines (UFAS)
technical provisions for doors that are specific requirements, such as the required clear passage width of a doorway. 3 The elevator exemption, which only applies to non-governmental entities...
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Section 1630.4 Discrimination Prohibited
However, part 1630 is not intended to limit the ability of covered entities to choose and maintain a qualified workforce....
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Altered Elements on an Accessible Route
Regulations issued under title II of the ADA by DOJ and HUD under section 504 of the Rehabilitation Act require each program or activity conducted by a covered entity or a program or activity...
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Section 9, Accessible Transient Lodging (Preamble, Section-by-Section Analysis)
In new construction, homeless shelters and other social service entities must comply with ADAAG; at least one type of amenity in each common area must be accessible....
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III. DISCUSSION
(2) Under Title II of the ADA, there is no undue burden defense available to public entities for failure to make their facilities that have been newly constructed or altered since January...
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"Qualified Small Business" (Section-by-Section Analysis)
A qualified small business is a business entity defined as a small business concern under the regulations promulgated by the Small Business Administration (SBA) pursuant to the Small Business...
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Comfort animals vs. psychiatric service animals.
Under the Department's present regulatory language, some individuals and entities have assumed that the requirement that service animals must be individually trained to do work or perform...
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ACCESSIBILITY
The Title II regulations also impose a requirement that each service, program or activity of a public entity, when viewed in its entirety, is readily accessible to and usable by persons...
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3. Relationship between Functional Performance Criteria and Technical Provisions
That is, a covered entity would have the option of applying the concept of equivalent facilitation in order to achieve conformance with the intent of the technical requirements, provided...
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Legal Requirements
Section 504 http://www.dol.gov/oasam/regs/statutes/sec504.htm of the act applies to programs and activities that are conducted by Federal agencies and by entities that receive funding from...
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Section 9, Accessible Transient Lodging (Section-By-Section Analysis and Response to Comments)
In new construction, homeless shelters and other social service entities must comply with ADAAG; at least one type of amenity in each common area must be accessible....
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Section 37.129 Types of Service
Alternatively, the entity can provide either of two other forms of service....
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Fares
Fares To calculate the proper paratransit fare, the entity would determine the route(s) that an individual would take to get from his or her origin to his or her destination on the fixed...
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Safe Harbors
When DOJ updated the ADA Regulations and adopted the 2004 ADAAG in 2010, it recognized that many business owners and government entities had already invested considerable time, effort and...
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Safe Harbors
When DOJ updated the ADA Regulations and adopted the 2004 ADAAG in 2010, it recognized that many business owners and government entities had already invested considerable time, effort and...
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C. Costs and Benefits
The FRFA has been used by the Department to help determine whether small entities would be disproportionately burdened....
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a) Public Right-of-Way
App. 4th at 821; see also ADA Title II Technical Assistance Manual, II-5.3000 Curb Ramps ("To promote both efficiency and accessibility, public entities may choose to construct curb ramps...
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VIII. IMPLEMENTATION AND ENFORCEMENT
member of any alleged class of persons) that is presently pending in any court or before any administrative, regulatory or investigative body or agency (whether public, quasi-public or private...
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Background
It also precludes an individual's private right of action to enforce any requirement of section 255 or any regulation issued pursuant to section 255....
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Section 36.406 Standards for New Construction and Alterations (Preamble, Section-by-Section Analysis)
ADAAG follows the numbering system and format of the private sector American National Standard Institute’s ANSI A117.1 standards....
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III-4.2100 General
ILLUSTRATION 1: A private health clinic, in collaboration with its local public safety officials, has developed an evacuation plan to be used in the event of fire or other emergency....