"Individual with a disability" means a person who has a disability but does not include an individual who is currently illegally using drugs, when the public entity acts on the basis...
Search Results "Regulatory Flexibility Analysis"
Commonly Searched Documents
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Individual with a disability (Section-by-Section Analysis)
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Section 504 (Section-by-Section Analysis)
"Section 504." The Department added a definition of "section 504" because the term is used extensively in subpart F of this part.
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Test C (Section-by-Section Analysis)
Test C -- Being regarded as having such an impairment This test, as contained in paragraph (4) of the definition, is intended to cover persons who are treated by a public entity...
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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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Complete complaint (Section-by-Section Analysis)
"Complete complaint." "Complete complaint" is defined to include all the information necessary to enable the Federal agency designated under subpart G as responsible for...
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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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§35.130(b) (Section-by-Section Analysis)
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...
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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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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...