"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...
Search Results "Regulatory Impact Analysis"
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Public entity (Section-By-Section Analysis and Response to Comments)
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Areas of Refuge (Section-By-Section Analysis and Response to Comments)
- Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed,...
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Sales Counters (Section-By-Section Analysis and Response to Comments)
- The final guidelines provide greater flexibility in providing access to sales counters, and no longer require a portion of every counter to be accessible.
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Homeless Shelters (Section-By-Section Analysis and Response to Comments)
- The proposed rule reserved the provisions on alterations to homeless shelters. The final guidelines apply alterations requirements to homeless shelters, but the requirements are...
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Historic Facilities (Section-By-Section Analysis and Response to Comments)
- As mandated by the ADA, the Board has established a procedure to be followed with respect to alterations to historic facilities.
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Individual with a disability (Section-By-Section Analysis and Response to Comments)
"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 accommodation acts on...
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Service animal (Section-By-Section Analysis and Response to Comments)
"Service animal.'' The term "service animal'' encompasses any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability....
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Section 36.208(a) (Section-By-Section Analysis and Response to Comments)
Section 36.208(a) implements section 302(b)(3) of the Act by providing that this part does not require a public accommodation to permit an individual to participate in or benefit...
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Noncomplying new construction and alterations. (Section-by-Section Analysis)
Noncomplying new construction and alterations. The element-by-element safe harbor referenced in § 35.150(b)(2) has no effect on new or altered elements in existing facilities that...
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Electronic and information technology (Preamble, Section-by-Section Analysis)
Electronic and information technology. This is the statutory term for the products covered by the standards in this part. The statute explicitly required the Board to define this...
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Retain term "service animal." (Section-by-Section Analysis)
Retain term "service animal." Some commenters asserted that the term ‘‘assistance animal'' is a term of art and should replace the term ‘‘service animal.'' However, the majority of...
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Attorney areas and witness stands. (Section-by-Section Analysis)
Attorney areas and witness stands. The 1991 Standards do not require that public entities meet specific architectural standards with regard to the construction and alteration of...
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Doing "work'' or "performing tasks.'' (Section-by-Section Analysis)
Doing "work" or "performing tasks." The NPRM proposed that the Department maintain the requirement, first articulated in the 1991 title III regulation, that in order to qualify as a...
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Two-tiered definitional approach. (Section-by-Section Analysis)
Two-tiered definitional approach. Commenters supported the Department's proposal to use a two-tiered definition of mobility device. Commenters nearly universally said that...
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Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
Integration of inmates and detainees with disabilities. In the NPRM, the Department proposed language in § 35.152(b)(2) specifically applying the ADA's general integration mandate to...
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Identification of available accessible seating. (Section-by-Section Analysis)
Identification of available accessible seating. In the NPRM, the Department proposed § 35.138(c), which, as modified and renumbered as paragraph (b)(3) in the final rule, requires a...
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Inquiries about service animals. (Section-by-Section Analysis)
Inquiries about service animals. The NPRM proposed language at § 35.136(f) setting forth parameters about how a public entity may determine whether an animal qualifies as a service...
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§100.500(a) Discriminatory effect
A practice has a discriminatory effect where it actually or predictably results in a disparate impact on a group of persons or creates, increases, reinforces, or perpetuates segregated housing...
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Section 36.309 Examinations and Courses (Section-By-Section Analysis and Response to Comments)
Section 36.309 Examinations and Courses (Section-By-Section Analysis and Response to Comments) Section 36.309(a) sets forth the general rule that any private entity that offers examinations...
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Section 35.151(f) Housing at a place of education (Section-by-Section Analysis)
Section 35.151(f) Housing at a place of education (Section-by-Section Analysis) The Department of Justice and the Department of Education share responsibility for regulation and enforcement...
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Section 1194.25 Self Contained, Closed Products (Preamble, Section-by-Section Analysis)
Section 1194.25 Self Contained, Closed Products (Preamble, Section-by-Section Analysis) Sections 1194.25 (a) through (j) apply to those products that generally have embedded software...
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Whether the definition of ‘‘wheelchair'' includes the Segway® PT. (Section-by-Section Analysis)
motorized devices might be unexpected; the potential harm to the environment; the additional administrative, insurance, liability, and defensive litigation costs; potentially detrimental impacts...
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University of Louisville, Injury Risk Assessment and Prevention (iRAP) Laboratory
Biomechanical analysis is used to study pediatric falls to gain an improved understanding of injury risk to aid clinicians in distinguishing between inflicted and non-inflicted injuries....
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Section 1194.22 Web-based Intranet and Internet Information and Applications (Preamble, Section-by-Section Analysis)
However, the WCAG 1.0 were not developed within the regulatory enforcement framework....