of construction set forth at §§ 35.108(d)(1)(viii) and 36.105(d)(1)(viii) of the final rule make clear that the ameliorative effects of mitigating measures shall not be considered when determining...
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Sections 35.108(d)(4) and 36.105(d)(4)—Examples of Mitigating Measures
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DISABILITY
Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life....
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About this Study
Preliminary tests using a portable impact test provided an indication of stabilizing binder cushioning performance and a small-scale test meant to simulate a wheelchair (ASTM F1951 rotational...
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Performance for Surface Firmness and Stability
The high standard deviation for EWF raises questions whether the material characteristic for stability and its high variability can serve as a preliminary indicator that surface types with...
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CASI California Survey Reports Acceptance Criteria - Equivalent Facilitation AC 01-12
Whenever reference is made in these regulations to this section, the findings and determinations required to be rendered by the local enforcing agency shall be subject to ratification through...
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BACKGROUND
. § 35, to determine the accessibility of the Board's polling places to persons with disabilities....
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Sections 35.108(d)(1)(v) and 36.105(d)(1)(v)—Comparisons to Most People in the Population, and Impairment Need Not Prevent or Significantly or Severely Restrict a Major Life Activity
Prevent or Significantly or Severely Restrict a Major Life Activity In the legislative history of the ADA Amendments Act, Congress explicitly recognized that it had always intended that determinations...
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Section 36.405 Alterations: Historic Preservation (Preamble, Section-by-Section Analysis)
Department adopt the criteria of ‘‘adverse effect’’ published by the Advisory Council on Historic Preservation under the National Historic Preservation Act (36 CFR 800.9) as the standard for determining...
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a) ADA
"In determining whether a particular regulation is enforceable through a statute's private right of action, [courts] must look to the statute itself and determine whether it displays Congress's...
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Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
Compliance with the 1991 Standards is determined on an element-by-element basis in each covered facility. ...
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Abstract
The purpose of this research was to determine the amount of energy required to negotiate these different surface types, if the values obtained with a portable surface measurement device...
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Section 36.405 Alterations: Historic Preservation (Section-By-Section Analysis and Response to Comments)
Department adopt the criteria of "adverse effect'' published by the Advisory Council on Historic Preservation under the National Historic Preservation Act (36 CFR 800.9) as the standard for determining...
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II-7.1100 Primary consideration
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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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...