The Access Board’s standards and the FAR define an undue burden as a significant difficulty or expense. See 36 CFR 1194.4 and FAR 39.202....
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B.6.i. - What is undue burden?
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Undue burden (Preamble, Section-by-Section Analysis)
The General Services Administration recommended basing the financial resources available to an agency on a program basis. Response....
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G.6.iv. - What should be included in the undue burden determination?
The documentation must clearly explain why meeting the applicable technical provisions imposes an undue burden....
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II. Summary of the Major Provisions of the Regulatory Action
in a fundamental alteration of the service, would not actually be necessary in order for the individual with a disability to access the entity's service, or (for recipients of Federal financial...
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"Undue burden.'' (Preamble, Section-by-Section Analysis)
"Undue burden.'' The definition of "undue burden'' is analogous to the statutory definition of "undue hardship'' in employment under section 101(10) of the ADA....
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Undue burden (Section-By-Section Analysis and Response to Comments)
"Undue burden.'' The definition of "undue burden'' is analogous to the statutory definition of "undue hardship'' in employment under section 101(10) of the ADA....
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G.6.vi. - May an agency shift the responsibility for making undue burden determinations to vendors (i.e., by requiring interested sources who offer EIT that meets the applicable technical provisions to explain why the purchase of such EIT would not impose an undue burden?
The responsibility for making an undue burden determination rests with the agency....
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§8.3 Federal financial assistance
Federal financial assistance means any assistance provided or otherwise made available by the Department through any grant, loan, contract or any other arrangement, in the form of: (a...
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2. Federal financial assistance
In §104.3(h), defining federal financial assistance, a clarifying change has been made: procurement contracts are specifically excluded....
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G.6.vii. - What are the historical financial threshold and circumstances that appear to satisfy the courts relative to "undue burden" justifications by the government?
Undue burden cases are unique and require an examination of resources on a case- bycase basis....
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FUNDAMENTAL ALTERATIONS AND UNDUE BURDENS {35.150}
FUNDAMENTAL ALTERATIONS AND UNDUE BURDENS {35.150} Public entity has burden of proof for relief Decision must be made by head of the public entity after considering all...
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§27.5 Federal financial assistance
Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department...
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1.6.9 Federal Financial Assistance.
1.6.9 Federal Financial Assistance....
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G.6.ii. - Why isn't undue burden more completely defined in the regulations?
Undue burden was defined by the Access Board consistent with the terms "undue burden" and "undue hardship" in the Rehabilitation Act and the Americans with Disabilities Act....
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An example of an "undue burden" and how it might be solved is:
An example of an "undue burden" and how it might be solved is: In a small municipality, the town council holds its public meetings in an auditorium on the second floor of an historic...
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B. Whether the City May Assert an Undue Burden Defense With Respect to New Construction or Alterations Under Title II of the ADA and Section 504 of the Rehabilitation Act
burden....
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E202.5.1 Basis for a Determination of Undue Burden
In determining whether conformance to requirements in the 508 Standards would impose an undue burden on the agency, the agency shall consider the extent to which conformance would impose...
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E202.6.1 Basis for a Determination of Undue Burden
In determining whether conformance to requirements in the Revised 508 Standards would impose an undue burden on the agency, the agency shall consider the extent to which conformance would...
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2.4 Program Accessibility.
Airports are not required to take any action that will result in a fundamental alteration in the nature of a service, program, or activity that would result in undue financial and administrative...
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§ 35.164 Duties.
subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial...
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§104.3(h) Federal financial assistance
(h) Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department...
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§35.164 Duties
subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial...
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4. Effective Communication
steps to ensure that communications with members of the public, job applicants, and participants with disabilities are as effective as communications with others unless it is an undue financial...
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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....