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...
Search Results "Regulatory Analysis"
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§35.130(b) (Section-by-Section Analysis)
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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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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...
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Equipment and furniture. (Section-by-Section Analysis)
Equipment and furniture. In the 1991 title II regulation, there are no specific provisions addressing equipment and furniture, although § 35.150(b) states that one means by which a...
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Hotel Reservations. (Section-by-Section Analysis)
Hotel Reservations. In the NPRM, at § 36.302(e), the Department proposed adding specific language to title III addressing the requirements that hotels, timeshare resorts, and other...
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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 reduce that maximum height to 48 inches. The...
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Agency (Preamble, Section-by-Section Analysis)
Agency. The term agency includes any Federal department or agency, including the United States Postal Service. No substantive comments were received regarding this definition and no...
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New Construction. (Section-by-Section Analysis)
New Construction. The NPRM did not expressly propose that new construction of correctional and detention facilities shall comply with the proposed standards because the Department...
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Accessible (Preamble, Section-by-Section Analysis)
Accessible. The term accessible was defined in the proposed rule in terms of compliance with the standards in this part, as is common with other accessibility standards. As proposed,...
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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 entities to make reasonable...
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Program requirements. (Section-by-Section Analysis)
Program requirements. In a unanimous decision, the Supreme Court, in Pennsylvania Department of Corrections v. Yeskey, 524 U.S. 206 (1998), stated explicitly that the ADA covers the...
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Substitute cells. (Section-by-Section Analysis)
Substitute cells. In the ANPRM, the Department sought public comment about the most effective means to ensure that existing correctional facilities are made accessible to prisoners...