The Department has added the term "proposed standards" to mean the 2004 ADAAG as revised or amended by the Department in this rulemaking. The full text of the 2004 ADAAG is...
Search Results "Final Regulatory Impact Analysis"
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"Proposed Standards" (Section-by-Section Analysis)
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"Task" emphasis. (Section-by-Section Analysis)
Many commenters followed the lead of an umbrella service dog organization and suggested that the phrase "performing tasks" should form the basis of the service animal definition,...
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"Qualified Reader" (Section-by-Section Analysis)
The current regulation identifies a qualified reader as an auxiliary aid, but it does not define the term. See 28 CFR 35.104(2). Based upon the Department's investigation of...
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Define "task." (Section-by-Section Analysis)
One commenter suggested defining the term "task," presumably so that there would be a better understanding of what type of service performed by an animal would qualify for coverage. ...
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"Minimal protection." (Section-by-Section Analysis)
There were many comments by service dog users urging the Department to remove from the definition the phrase "providing minimal protection." The commenters set forth the following...
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Comfort animals. (Section-by-Section Analysis)
It is important to address the concept of comfort animals or emotional support animals, which have become increasingly popular. The increased use of comfort animals is primarily by...
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Wading pools. (Section-by-Section Analysis)
Section 242.3 of the 2004 ADAAG provides that newly constructed or altered wading pools must provide at least one sloped means of entry to the deepest part of the pool. The...
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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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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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Public entity (Section-by-Section Analysis)
"Public entity." The term "public entity" is defined in accordance with section 201(1) of the ADA as any State or local government; any department, agency, special purpose district,...
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Test B (Section-by-Section Analysis)
Test B -- A record of such an impairment This test is intended to cover those who have a record of an impairment. As explained in paragraph (3) of the rule's definition of...
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§35.130(c) (Section-by-Section Analysis)
Paragraph (c) provides that nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class...
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§35.130(g) (Section-by-Section Analysis)
Paragraph (g), which prohibits discrimination on the basis of an individual's or entity's known relationship or association with an individual with a disability, is based on sections...
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§35.130(f) (Section-by-Section Analysis)
Paragraph (f) provides that a public entity may not place a surcharge on a particular individual with a disability, or any group of individuals with disabilities, to cover any costs...
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§35.131(c) (Section-by-Section Analysis)
Paragraph (c) expresses Congress' intention that the Act be neutral with respect to testing for illegal use of drugs. This paragraph implements the provision in section 510(b) of the...
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Individual with a disability (Section-by-Section Analysis)
"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...
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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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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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§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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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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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 ...]