Supplement: https://www.corada.com/documents/ada-title-ii-technical-assistance-manual-1994-supplement/ii-7-1100-primary-consideration It is important to consult with the individual to determine...
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II-7.1100 Primary consideration
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E101.2 Equivalent Facilitation (Section-by-Section Analysis)
This section also would require the proposed functional performance criteria in Chapter 3 to be used to determine whether the alternative design or technology provides individuals with disabilities...
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B. Executive Order 13132: Federalism
That is, the rulemaking agency must determine whether the rule is likely to have substantial direct effects on State and local governments, a substantial direct effect on the relationship...
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11B-235.2.1 Dispersion
For example, a fuel pier may contain boat slips, and this type of short term slip would be included in determining compliance with 235.2....
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Readily achievable
In determining whether an action is readily achievable factors to be considered include— (1) The nature and cost of the action needed under this part; (2) The overall financial resources...
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May an employer have an employee who it reasonably believes will pose a direct threat examined by its own health care provider?
health care professional the employer chooses should have expertise in the employee's specific medical condition and be able to provide medical information that allows the employer to determine...
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2.3(c) Perform Essential Functions "With or Without Reasonable Accommodation"
An employer must first consider reasonable accommodation in determining whether an individual with a disability is qualified; reasonable accommodation also must be considered when making...
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What does "current" drug use mean?
It is determined on a case-by-case basis....
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Elevator Exemption
foot maximum was based on a floor area allowance of 100 square feet per occupant, which is consistent with model building code requirements for business and industrial occupancies used in determining...
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106.5.25 Disproportionality
All determinations of disproportionality are made by the Department in accordance with the variance procedures contained in Chapter 68, Texas Administrative Code....
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106.5.66 Structural Impracticability
All determinations of structural impracticability are made by the Department in accordance with the variance procedures contained in Chapter 68, Texas Administrative Code....
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Using the Trail Exceptions [1017.1, Exceptions 1 and 2]
When determining whether to exempt an entire trail from the technical requirements, consider the portions of the trail or beach access route that can and cannot comply with the specific...
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5.1.3 Transfer Surface Low Height Options for M301 and M302
Members focused on determining a specific low height absolute measurement. A portion of the Committee recommended a height range of 17 inches to 25 inches....
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232.2 General Holding Cells and General Housing Cells
EXCEPTION: Alterations to cells shall not be required to comply except to the extent determined by the Department in accordance with the variance procedures contained in Chapter 68, Texas...
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§27.127(e)(1)
The responsible Departmental official and the applicant or recipient are entitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by...
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"Place of Lodging" (Section-by-Section Analysis)
The factors to be followed in determining the conditions and amenities of a hotel include rooms available on a walk-up basis, linen service, and accepting reservations for a room type without...
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Sell-outs in specific price ranges. (Section-by-Section Analysis)
What considerations should appropriately inform the determination of when unsold accessible seating can be released to the general public?...
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8. Q: What about children whose presence is dangerous to others? Do we have to take them, too?
The determination that a child poses a direct threat may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individualized...
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G.6.i. - What is the undue burden exception?
An undue burden determination must be applied on a case-by-case basis....
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NPRM
., 2003), where the court determined that the transit authority could exclude from its vehicles a wheelchair that did not meet the common wheelchair criteria, even if the vehicle could physically...
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Undue burden
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...
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Readily achievable
In determining whether an action is readily achievable factors to be considered include -- (1) The nature and cost of the action needed under this part; (2) The overall financial resources...
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Undue burden
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...
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A. Impact on small entities
The Department will make an initial determination as to whether any rule it proposes is likely to have a significant economic impact on a substantial number of small entities, and if so,...