except where a state or local government can show that providing effective communication would fundamentally alter the nature of the service or program in question or would result in an undue...
Search Results "Undue Burden"
2010 ADA Definition
Undue Burden: Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include –
(1) The nature and cost of the action needed under this part;
(2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
(3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
(4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
(5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
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A. Providing Equally Effective Communication
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8. Amend § 35.150 as follows:
8. Amend § 35.150 as follows: a. Redesignate paragraph (b)(2) as paragraph (b)(3); b. Add the words "or acquisition" after the word "redesign" in the first sentence of...
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Using State and Local Government Services and Activities: What to Expect
Government offices are not, however, required to undertake steps that would result in an "undue burden" or that would fundamentally change the nature of their programs....
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§ 35.150 Existing facilities
§ 35.150 Existing facilities. * * * * *
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Discrimination prohibited. (Section-by-Section Analysis)
administrative burden....
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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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3. Primary Consideration: Who Chooses the Auxiliary Aid or Service?
communication is available; use of the means chosen would result in a fundamental alteration in the service, program, or activity; or the means chosen would result in an undue...
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21. Q: Is there a limit to the amount of money my agency must spend to alter an existing police facility?
It is the same legal standard of "undue burden" discussed earlier with regard to the provision of communication aids....
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E.2. - Where an agency uses a best value "trade-off" source selection process, may it trade off applicable technical provisions of the Access Board’s standards where an offer provides strong technical merit, strong past performance, or a lower price?
burden for the agency....
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§35.150 Existing Facilities
Congress intended the ‘‘undue burden’’ standard in title II to be significantly higher than the ‘‘readily achievable’’ standard in title III....
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III-4.3000 Auxiliary aids
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III-4.3100 General
is required to provide auxiliary aids and services that are necessary to ensure equal access to the goods, services, facilities, privileges, or accommodations that it offers, unless an undue...
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III-4.3600 Limitations and alternatives
What is an undue burden?...
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9. Broadening of Documentation Requirement for Undue Burden Exception
Section 1194.2 (a)(2) of the existing 508 Standards requires agencies to provide supporting documentation when determining that procurement of a compliant product would impose an undue burden...
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How can airline personnel help ensure that passengers with service animals are assigned and obtain appropriate seats on the aircraft?
preboarding by a passenger with a disability must be honored (see sections 382.83(c) and 382.93) Part 382 does not require carriers to make modifications that would constitute an undue...
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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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Title II Public Entity Facilities Compliance Timetable
7-26-1990 Signing of the Americans with Disabilities Act of 1990 by President George Bush. 2-28-1991 Draft Regulations issued by the Department of Justice for...
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Title II Public Entity Facilities Compliance Fact Sheet
not required that a public entity take any action that it can demonstrate would constitute a fundamental alteration in the nature of the service, program or activity, or would cause an undue...
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II-5.2000 Methods for providing program accessibility
II−5.2000 Methods for providing program accessibility. Public entities may achieve program accessibility by a number of methods. In many situations, providing access to facilities...
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§35.150 Existing facilities
§35.150 Existing facilities.
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§35.150(a)
(a) General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and...
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§35.150(a)(3)
(3) 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 and...
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EXHIBIT 1
Undue Financial and Administrative Burdens: Undue financial and administrative burdens are created when a proposed course of action causes significant difficulty or expense....
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G.1. - Are there any exceptions to the requirement to acquire EIT that meets the technical provisions of the Access Board's standards?
is located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment (FAR 39.204(d) and 36 CFR 1194.3(f)); or would impose an undue...