In using its authority to make a direct threat determination and exclude a passenger, a carrier must not act inconsistently with other provisions of Part 382....
Search Results "Preliminary Determination"
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382.19 May carriers refuse to provide transportation on the basis of disability?
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§ 382.63 Carrier programs
(3) If the Department determines that any portion of a carrier’s plan must be amended, or provisions added or deleted, in order for the carrier to comply with this part, DOT will direct...
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ADOPTION OF A 19 INCH HEIGHT MINIMIZES COSTS TO HEALTH CARE PROVIDERS
consensus commending a departure from the existing broadly accepted transfer surface height maximum of 19 inches, information related to costs is especially critical to take into account in determining...
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Scenario 3 – Disabilities in Remission
How would a group of knowledgeable persons determine if Omar has a disability?...
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Q11: What must a school district do for a student who has a disability but does not need any special education or related services?
If, as a result of a properly conducted evaluation, the school district determines that the student does not need special education or related services, the district is not required to provide...
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Undue Burden
This determination can only be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion....
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(1) Site impracticality
For covered multifamily dwellings without elevators, the final Guidelines provide two alternative tests for determining site impracticality due to terrain....
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Instructions
The Checklist contains common ADA problems identified during surveys of lodging facilities and will help you to determine if these problems exist at your lodging facility....
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1. My business does not need to be compliant because the building is old and therefore is grandfathered.
This is an ongoing obligation, meaning you are required to periodically evaluate the barriers in your facility that are not "readily achievable" to determine if barrier removal can be accomplished...
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Foot Travel on Trails and Roads With Restrictions
Department of Agriculture has determined that a minimum of 36 inches (915 millimeters) of clear passage must normally be provided around or through the gate, berm, or other restrictive device...
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The Inspection Team
In determining who will accompany your team, you should determine what gaps your group may have and fill them with expertise in state and federal access codes, Title III of the ADA,(link...
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AIAU ADA Tolerances and Acceptable Measurements Training Course 1.5 LUs
conditions affecting accessibility and ADA compliance, how those measurements are critical in understanding and applying the tolerances language, and what types of field conditions affect the determination...
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What barriers will it be "readily achievable" to remove?
There is no definitive answer to this question because determinations as to which barriers can be removed without much difficulty or expense must be made on a case-by-case basis....
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UNITED STATES OF AMERICA v. METROPOLITAN TRANSPORTATION AUTHORITY and NEW YORK CITY TRANSIT AUTHORITY - OPINION & ORDER
Plaintiffs—two non-profit advocacy organizations and two disabled individuals who represent a class of similarly situated individuals—move for summary judgment seeking a determination that...
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III-5.4200 Professional office of a health care provider
How will the Department of Justice determine whether a facility was designed or intended for occupancy by a health care provider?...
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Assessing Your Facility
Businesses are strongly encouraged to assess their facilities now to determine what architectural barriers exist....
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Disclaimer
The user should consult legal counsel of their choice to determine how these matters relate to their own problems, questions or situations....
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Alterations to cells. (Section-by-Section Analysis)
section 232.2 of the 2004 ADAAG, the Access Board deferred one decision to the Attorney General, specifically: "Alterations to cells shall not be required to comply except to the extent determined...
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Background
Background: When PV systems are proposed for installation at public school sites, the project documentation is first reviewed from a scoping perspective to determine the required accessibility...
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E203.2 Agency Business Needs
procure, develop, maintain or use ICT they shall identify the business needs of users with disabilities affecting vision, hearing, color perception, speech, dexterity, strength, or reach to determine...
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103 Equivalent Facilitation
For purposes of ensuring compliance with requirements of Texas Government Code, Chapter 469 all determinations of equivalent facilitation are made by the Department in accordance with the...
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A4.30.5 Finish and Contrast
Contrast in percent shall be determined by: Contrast = [(B1 - B2)/B1] x 100 where B1 = light reflectance value (LRV) of the lighter area and B2 = light reflectance value (LRV) of...
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Delimitations
Size of the site limited total number of trail surface products that were able to be installed; Trail surfaces were evaluated on site using a Rotational Penetrometer (RP) to determine...
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III-4.1300 Unnecessary inquiries
This policy violates the ADA because such information is not relevant to a determination of credit worthiness....