Paragraph (f) provides that a public entity may not place a surcharge on a particular individual with a disability, or any group of individuals with disabilities, to cover any costs...
Search Results "Impact Analysis"
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§35.130(f) (Section-by-Section Analysis)
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§35.131(c) (Section-by-Section Analysis)
Paragraph (c) expresses Congress' intention that the Act be neutral with respect to testing for illegal use of drugs. This paragraph implements the provision in section 510(b) of the...
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Individual with a disability (Section-by-Section Analysis)
"Individual with a disability" means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public entity acts on the basis...
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Section 504 (Section-by-Section Analysis)
"Section 504." The Department added a definition of "section 504" because the term is used extensively in subpart F of this part.
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Test C (Section-by-Section Analysis)
Test C -- Being regarded as having such an impairment This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity...
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Complete complaint (Section-by-Section Analysis)
"Complete complaint." "Complete complaint" is defined to include all the information necessary to enable the Federal agency designated under subpart G as responsible for...
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Definition of "wheelchair.'' (Section-by-Section Analysis)
Definition of ‘‘wheelchair.'' In seeking public feedback on the NPRM's definition of ‘‘wheelchair,'' the Department explained its concern that the definition of ‘‘wheelchair'' in...
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§35.130(b) (Section-by-Section Analysis)
Paragraph (b) prohibits overt denials of equal treatment of individuals with disabilities. A public entity may not refuse to provide an individual with a disability with an equal...
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Designated agency (Section-by-Section Analysis)
"Designated agency." The term "designated agency" is used to refer to the Federal agency designated under subpart G of this rule as responsible for carrying out the administrative...
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Miniature horses. (Section-by-Section Analysis)
Miniature horses. The Department has been persuaded by commenters and the available research to include a provision that would require public accommodations to make reasonable...
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Side reach (Section-by-Section Analysis)
Side reach. The 1991 Standards at section 4.2.6 establish a maximum side-reach height of 54 inches. The 2010 Standards at section 308.3.1 reduce that maximum height to 48 inches. The...
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Triggering event. (Section-by-Section Analysis)
Triggering event. In the NPRM, the Department proposed using the start of physical construction as the triggering event for applying the proposed standards to new construction under...
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E103.4 Content (Section-by-Section Analysis)
The term “content” would be defined as “Electronic information and data, as well as the encoding that defines its structure, presentation, and interactions.” The definition is based...
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Amusement rides. (Section-by-Section Analysis)
Amusement rides. Section 234 of the 2010 Standards provides accessibility guidelines for newly designed and constructed amusement rides. The amusement ride provisions do not provide...
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Movie captioning. (Section-by-Section Analysis)
Movie captioning. In the NPRM, the Department stated that options were being considered to require movie theater owners and operators to exhibit movies that are captioned for patrons...
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Ticket sales. (Section-by-Section Analysis)
Ticket sales. In the NPRM, the Department proposed, in § 36.302(f)(1), a general rule that a public accommodation shall modify its policies, practices, or procedures to ensure that...
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E103.4 Keyboard (Section-by-Section Analysis)
The term “keyboard” would be defined as “a set of systematically arranged alphanumeric keys or a control that generates alphanumeric input by which a machine or device is operated.”...
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Section-By-Section Analysis and Response to Comments
[See subsections ...]
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Definition of "wheelchair." (Section-by-Section Analysis)
Definition of ‘‘wheelchair.'' In seeking public feedback on the NPRM's definition of ‘‘wheelchair,'' the Department explained its concern that the definition of ‘‘wheelchair'' in...
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TTY (Preamble, Section-by-Section Analysis)
TTY. TTYs are machinery or equipment that employ interactive text based communications through the transmission of coded signals across the telephone network. Comment. The Trace...
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Training requirement. (Section-by-Section Analysis)
Training requirement. Certain commenters recommended the adoption of formal training requirements for service animals. The Department has rejected this approach and will not impose...
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Triggering event. (Section-by-Section Analysis)
Triggering event. In § 35.151(c)(2) of the NPRM, the Department proposed that the commencement of construction serve as the triggering event for applying the proposed standards to...
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Telecommunications (Preamble, Section-by-Section Analysis)
Telecommunications. The definition for telecommunications is consistent with the definition in the Board's Telecommunications Act Accessibility Guidelines and the definition of...
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Product (Preamble, Section-by-Section Analysis)
Product. The term product is used in the rule as a shorthand for electronic and information technology. No substantive comments were received regarding this definition and no changes...