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World Disability Union (WDU)
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‘‘Commerce.’’ (Preamble, Section-by-Section Analysis)
The use of the phrase ‘‘operations affect commerce’’ applies the full scope of coverage of the Commerce Clause of the Constitution in enforcing the ADA....
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"Existing Facility" (Section-by-Section Analysis)
The Department's enforcement of the ADA is premised on a broad understanding of "existing facilities." The classifications of facilities under the ADA regulation are not static. ...
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[A] 111.2 Certificate issued
After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety...
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Commerce (Section-By-Section Analysis and Response to Comments)
The use of the phrase "operations affect commerce'' applies the full scope of coverage of the Commerce Clause of the Constitution in enforcing the ADA....
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1136A.1 Receptacle heights
This section shall not apply to existing buildings when the enforcing agency determines that compliance with these standards would create an unreasonable hardship. ...
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Subpart F—Certification of State Labs or Local Building Codes (Section-By-Section Analysis and Response to Comments)
In enforcement proceedings, this certification will constitute rebuttable evidence that the law or code meets or exceeds the ADA's requirements....
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§1607.16 Definitions.
Enforcement action. ...
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PURPOSE AND LEGAL AUTHORITY
Thus, with respect to procurement-related matters, the Access Board’s 508 Standards are not self-enforcing; rather, these standards become enforceable when adopted by the FAR Council and...
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Introduction
The Commission's technical assistance program will be separate and distinct from its enforcement responsibilities....
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§1607.2 Scope.
These guidelines will be applied by the Equal Employment Opportunity Commission in the enforcement of title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity...
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Detectable Warnings
Since the enforcing agencies did not extend the suspension either, the detectable warning requirements are technically part of the existing standards again....
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Title II of the Americans with Disabilities Act (Title II)
effective as communication with students without disabilities.10 Both DOJ and the Office for Civil Rights (OCR) in the United States Department of Education (ED) have responsibility for enforcing...
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19. Dispute Resolution
the District Court If the parties are unable to resolve a dispute through the mediation process described in Section 19.2 above, any Party may make a motion to the District Court to enforce...
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7.0 APPLICATION
The FSTAG and the Forest Service Outdoor Recreation Accessibility Guidelines (FSORAG) are the legally enforceable standards for use in outdoor recreation areas on the National Forest System...
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ADAAG
They will eventually become part of DOJ's enforceable standard....
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Section 36.406(b) Application of Standards to Fixed Elements
The Department is also clarifying that the advisory notes, appendix notes, and figures that accompany the 1991 and 2010 Standards do not establish separately enforceable requirements unless...
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11B-106.5 Defined terms
Building Official CCR Clear Comply with Disability Element Enforcing...
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1136A.1 Receptacle heights
This section shall not apply to existing buildings when the enforcing agency determines that compliance with these standards would create an unreasonable hardship....
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Issue: Local Laws, Ordinances, and Regulations
In addition, city governments may consider granting exceptions to the enforcement of certain laws as a form of reasonable modification....
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Section 35.151(d) Scope of coverage
The Department also wishes to clarify that the advisory notes, appendix notes, and figures that accompany the 1991 and 2010 Standards do not establish separately enforceable requirements...
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3. MINIMUMS, MAXIMUMS AND SPECIFYING AT THE LIMIT
It will also more often produce an end result of strict and literal compliance with the stated requirements and eliminate enforcement difficulties and issues that might otherwise arise....
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The Americans with Disabilities Act Comprehensive Civil Rights Legislation
The ADA bases much of its structure and enforcement remedies and procedures on the 1964 Civil Rights Act....
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Use of Mandatory Language in Proposed Guidelines
However, the proposed guidelines are not legally enforceable until adopted, with or without additions and modifications, as accessibility standards by other federal agencies in regulations...