Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction In the NPRM, the Department proposed §§ 35.108(a)(2) and 36.105(a)(2), which set forth rules...
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Sections 35.108(a)(2) and 36.105(a)(2) Definition of ‘‘disability’’—Rules of Construction
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"Readily achievable.'' (Preamble, Section-by-Section Analysis)
The Department believes that this complex issue is most appropriately resolved on a case-by-case basis....
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Common Use Circulation Paths in Employee Work Areas
The Department has consistently taken the position that barrier removal requirements do not apply to areas used exclusively by employees because the purpose of title III is to ensure that...
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2. Accessible lavatories
At the present time, however, the Department is concerned that the revenue loss and other cost impacts of requiring accessible lavatories on single-aisle aircraft could be too great....
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B. JURISDICTION
The ADA also requires the Department to conduct periodic compliance reviews of public accommodations. 42 U.S.C. § 12188(b)(1)(A)(i). 10. ...
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Serving People with Disabilities in the Most Integrated Setting: Community Living and Olmstead
Department of Health and Human Services (HHS) Office for Civil Rights (OCR) plays a pivotal role in supporting the Olmstead decision and promoting community living through our vigorous enforcement...
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II. Statutory and Regulatory Background
The Department implemented the Act by a final rule published January 23, 1989 (54 FR 3232), and which became effective on March 12, 1989....
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Line of Sight and Dispersion of Wheelchair Spaces in Assembly Areas
In 1994, the Department issued official guidance interpreting the requirement for comparable lines of sight in the 1991 Standards to mean wheelchair spaces and companion seats in sports...
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B. Legal foundation for captioning and video description
It is the Department's view that the legislative history of the ADA and the Department's commentary in the preamble to the 1991 regulation make clear that Congress was not requiring open...
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Sections §§ 35.108(d)(1)(vii) and 36.105(d)(1)(vii)—Comparison of Individual’s Performance of Major Life Activity Usually Will Not Require Scientific, Medical, or Statistical Analysis
The Department received several comments in support of these provisions and a number of comments opposing all or part of them....
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Fares
an agency wants 12 slots for a trip to the mall on Saturday for clients with disabilities, the agency makes the reservation for the trips in its name, the agency will be paying for the transportation...
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2.1 Health Care Experiences of Persons with Disabilities
E Additional considerations include financial access disparities (e.g., inadequate or absent insurance coverage), transportation problems, and other socioeconomic discrepancies....
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Other Federal Disability Rights Laws
For more information, see the Department of Justice publication called "A Guide to Disability Rights Laws."...
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Gangway Alterations
The Department of Justice has determined that it is not disproportionate to spend up to an additional 20 percent of the overall costs of alterations to the primary function area to make...
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What are federal observers?
They are trained by OPM and by the Justice Department to watch, listen, and take careful notes of everything that happens inside the polling place during an election, and are also trained...
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Gangway Alterations
The Department of Justice has determined that it is not disproportionate to spend up to an additional 20 percent of the overall costs of alterations to the primary function areas to make...
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Has there been consideration for electric vehicles being parked in valet mode that could share EVSE and meet the equivalent EVSE option? This could reduce the cost of construction and major electrical upgrades.
DSA encourages designers to consult with jurisdictional building officials (primarily city- and county building departments) whenever there is a question of code interpretation or application...
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Modification in policies, practices, or procedures.
In order to clarify this provision, the Department is incorporating into the proposed regulation guidance that it has provided previously through technical assistance....
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V. Discussion of Principal Public Comment Issues, and Section-by-Section Analysis of the Final Guidelines
The following presents a discussion of the principal issues raised by the commenters, and the Department's response to each issue....
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§8.57(b) Noncompliance with §8.50
The Department is not required to provide assistance during the pendency of the administrative proceeding under such paragraph (c), except where the assistance is due and payable under a...
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§8.55(b) Compliance reports
In general, recipients should have available for the Department data showing the extent to which individuals with handicaps are beneficiaries of federally assisted programs....
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"Housing at a Place of Education" (Section-by-Section Analysis)
‘‘Housing at a Place of Education'' (Section-by-Section Analysis) The Department has added a new definition to § 36.104, ‘‘housing at a place of education,'' to clarify the types of educational...
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7.2(1)
(1) In department stores and miscellaneous retail stores where counters have cash registers and are provided for sales or distribution of goods or services to the public, at least one of...
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III. Plan Maintenance
In addition, a system for reporting new hazards and accommodation needs should be developed; a relationship with local fire, police, and HazMat departments should be maintained; and new...