A Rule by the Justice Department on 08/11/2016 ACTION Final Rule....
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Amendment of Americans With Disabilities Act Title II and Title III Regulations To Implement ADA Amendments Act of 2008
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2. The Class Notices Are Defective and Will Reach Only A Minuscule Portion of Class Members
The class notices violate due process and fail to meet Rule 23’s notice requirements....
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Areas of a public entity open to the public, participants in services, programs, or activities, or invitees. (Section-by-Section Analysis)
The NPRM proposed at § 35.136(g) that an individual with a disability who uses a service animal has the same right of access to areas of a title II entity as members of the public, participants...
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Section 37.135 Submission of Paratransit Plans
While the rule assumes that most entities will take a year to fully implement these provisions, longer than a year requires the paratransit plans to submit milestones that are susceptible...
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Section 36.305 Alternatives to Barrier Removal (Preamble, Section-by-Section Analysis)
The rule does not require a cashier to leave his or her post to retrieve items for individuals with disabilities, if there are no other employees on duty....
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Section 36.305 Alternatives to Barrier Removal (Section-By-Section Analysis and Response to Comments)
The rule does not require a cashier to leave his or her post to retrieve items for individuals with disabilities, if there are no other employees on duty....
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5. Edge Protection
The MDE NPRM proposed edge protection on the ramps leading up to the raised platform (proposed M303.3.3.4), but did not require edge protection on the raised platforms themselves....
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(4) Adjustability: Method of Measurement
The MDE NPRM proposed that the measurement of the height of the transfer surface for both diagnostic equipment used in the supine, prone, or side-lying position and diagnostic equipment...
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E. Assistive Technology
Proposed 502 contains three main subsections....
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Alterations to cells and program access. (Section-by-Section Analysis)
The Department's proposed rule aims to specifically require equivalent opportunities to such programs....
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Compliance Problems Due to Lack of Accessibility Guidelines
The commenters complained about the time that it has taken the Department to publish proposed guidelines, and the additional time it has taken to publish final Guidelines. Response....
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Service Animals for Business Owners
Unfortunately, there’s still a lot of confusion about the rules that govern service and companion animals in businesses....
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B. Major Provisions
The major provisions of this rule can be summarized as follows....
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Section 36.303(g)(1) Movie Theater
Commenters generally supported the Department's proposed definition for “movie theater,” but there were some concerns about the proposed definition's scope....
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"Auxiliary Aids and Services" (Section-by-Section Analysis)
The NPRM proposed adding an explicit reference to written notes in the definition of ‘‘auxiliary aids.’’...
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires Federal agencies to analyze regulatory options that may assist in minimizing any significant impact of a rule on small businesses and small...
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1. Application of Functional Performance Criteria: 508 Standards
As described in the preamble to the final rule for the existing standards: This section [1194.31] provides functional performance criteria for overall product evaluation and for technologies...
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C206.1 General (Section-by-Section Analysis)
C206.1 General (Section-by-Section Analysis) This section proposes to require that where support documentation or services are provided, they must conform to the proposed provisions of...
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§35.160 General
Section 35.160(b)(2) of the proposed rule, which provided that a public entity need not furnish individually prescribed devices, readers for personal use or study, or other devices of a...
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§35.160 General (Section-by-Section Analysis)
Section 35.160(b)(2) of the proposed rule, which provided that a public entity need not furnish individually prescribed devices, readers for personal use or study, or other devices of a...
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Section 1194.23 Telecommunications Products (Preamble, Section-by-Section Analysis)
The proposed rule required that products must support all cross-manufacturer, non-proprietary protocols, not just one or two. Of course, that included the common U.S....
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205 Operable Parts, F205 Operable Parts
As discussed below, the final rule revises Exception 3 and adds Exceptions 9, 10, and 11 to the sections....
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Shower Spray Unit
In the proposed rule, the Board included a requirement that shower spray units have a water on/off control for greater access....
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Section 36.302(c) Service Animals (Section-by-Section Analysis)
Toward that end, the final rule has been revised to include the Department's policy interpretations as outlined in published technical assistance, Commonly Asked Questions about Service...