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...
Search Results "Regulatory Analysis"
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New Construction. (Section-by-Section Analysis)
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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...
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Ticket prices. (Section-by-Section Analysis)
Ticket prices. In the NPRM, the Department proposed § 35.138(e) requiring that ticket prices for accessible seating be set no higher than the prices for other seats in that seating...
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Ticket transfer. (Section-by-Section Analysis)
Ticket transfer. The Department received many comments asking whether accessible seating has the same transfer rights as general seats. The proposed regulation at § 35.138(e)...
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Discrimination prohibited. (Section-by-Section Analysis)
Discrimination prohibited. In the NPRM, § 35.152(b)(1) proposed language stating that public entities are prohibited from excluding qualified detainees and inmates from participation...
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Alterations to stairs. (Section-by-Section Analysis)
Alterations to stairs. The 1991 Standards only require interior and exterior stairs to be accessible when they provide access to levels that are not connected by an elevator, ramp,...
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Alterations to elevators. (Section-by-Section Analysis)
Alterations to elevators. Under the 1991 Standards, if an existing elevator is altered, only that altered elevator must comply with the new construction requirements for accessible...
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Examinations and Courses. (Section-by-Section Analysis)
Examinations and Courses. The Department received one comment requesting that it specifically include language regarding examinations and courses in the title II regulation. Because...
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Dispersion of Cells. (Section-by-Section Analysis)
Dispersion of Cells. The NPRM did not contain express language addressing dispersion of cells in a facility. However, Advisory 232.2 of the 2004 ADAAG recommends that ‘‘[a]ccessible...
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Medical facilities. (Section-by-Section Analysis)
Medical facilities. The NPRM also did not propose language addressing the application of the 2004 ADAAG to medical and long-term care facilities in correctional and detention...
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Wading pools. (Section-by-Section Analysis)
Wading pools. The 1991 Standards do not address wading pools. Section 242.3 of the 2004 ADAAG requires newly constructed or altered wading pools to provide at least one sloped means...
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Species limitations. (Section-by-Section Analysis)
Species limitations. When the Department originally issued its title III regulation in the early 1990s, the Department did not define the parameters of acceptable animal species. At...
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Breed limitations. (Section-by-Section Analysis)
Breed limitations. A few commenters suggested that certain breeds of dogs should not be allowed to be used as service animals. Some suggested that the Department should defer to...
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Other requirements. (Section-by-Section Analysis)
Other requirements. The NPRM also proposed that the regulation include the following requirements: that the work or tasks performed by the service animal must be directly related to...
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III-9.0000 CERTIFICATION
Regulatory references: 28 CFR 36.601-36.608....
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III-4.0000 SPECIFIC REQUIREMENTS
Regulatory references: 28 CFR 36.301-36.310....
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III-8.0000 ENFORCEMENT
Regulatory references: 28 CFR 36.501-36.508....
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III-1.0000 COVERAGE
Regulatory references: 28 CFR 36.102-36.104....
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III-3.0000 GENERAL REQUIREMENTS
Regulatory references: 28 CFR 36.201-36.213....
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II-9.0000 INVESTIGATION OF COMPLAINTS AND ENFORCEMENT
Regulatory references: 28 CFR 35.170-35.190....
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II-7.0000 COMMUNICATIONS
Regulatory references: 28 CFR 35.160-35.164....