The Court finds Hecker, who serves as a consultant to the DOJ in ADA enforcement actions, to be a credible witness and credits his testimony accordingly. RT 2720:6-2721:15....
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2. New Construction and Alterations
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Trail Study Sites
0.1 m (4 in.) of sand in this area and replaced it with 20 mm (3/4 in.) of angular stone to provide a well-drained and stable base, which would also reduce the amount of scour from wave action...
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1. Rulemaking History Prior to the 2010 ANPRM
As a result, these groups indicated that they believed regulatory action should not be delayed until the conversion to digital cinema had been completed. ...
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Movie Theater (Section-by-Section Analysis)
Even in situations in which the Department identified a need for enforcement action, these public accommodations were willing to comply with the ADA and provide such auxiliary aids and services...
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Q9: How can a school district meet its obligation, as described in the Section 504 regulation, to evaluate students to determine the need for special education or related services consistent with the Amendments Act?
An individual evaluation must be conducted before any action is taken with respect to the student's initial placement, or before any significant change in placement is made. 34 C.F.R. §...
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Section 36.302(c) Service Animals (Section-by-Section Analysis)
accommodation may ask an individual with a disability to remove a service animal from the premises if: (1) The animal is out of control and the animal's owner does not take effective action...
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5. Qualified handicapped person
Under the remedial action provisions of §104.6(a)(3), however, persons beyond the age limits prescribed in §104.3(k)(2) may in appropriate cases be required to be provided services that...
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Medical Certificate and a Passenger with a Communicable Disease or Infection
to have a communicable disease or infection that poses a direct threat to the health or safety of other passengers, you may be required to make a determination about the best course of action...
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"Doing work'' or "performing tasks.'' (Section-by-Section Analysis)
Although the common definition of work includes the performance of tasks, the definition of work is somewhat broader, encompassing activities that do not appear to involve physical action...
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3.2 Getting on the Table
A CALL TO ACTION: A Guide for Managed Care Plans Serving Californians with Disabilities. Oakland, CA: DRA...
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V. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT
with the Cavs, the United States believes that the Cavs have violated the Agreement and the ADA, and that such violation has not been sufficiently cured, the United States may bring an action...
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Data Collection Procedures
In the event any non-compliance issues were identified on site, the designee could easily be alerted and initiate the agency process for maintenance or other corrective actions. ...
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36 CFR Part 1195 Proposed Accessibility Standards for Medical Diagnostic Equipment NPRM - Preamble
ACTION: Notice of Proposed Rulemaking....
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Subpart B -- Technical Standards (Formerly Subpart B -- Accessibility Standards in the NPRM) (Preamble, Section-by-Section Analysis)
For example, the provision prohibiting the use of color alone to indicate an action applies not only to web page design, but also to software design and certain operating systems....
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Doing "work'' or "performing tasks.'' (Section-by-Section Analysis)
Although the common definition of work includes the performance of tasks, the definition of work is somewhat broader, encompassing activities that do not appear to involve physical action...
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Section 37.5 Nondiscrimination
If an entity may legitimately refuse service to someone, it may condition service to him on actions that would mitigate the problem....
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Section 1194.22 Web-based Intranet and Internet Information and Applications (Preamble, Section-by-Section Analysis)
We do this by working with model code organizations and voluntary consensus standards groups that develop and periodically revise codes and standards affecting accessibility....
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2. Comparison of Proposed Rule with EN 301 549 Standard
We elected to pursue this course in response to public comments and our desire to make use of a number of voluntary consensus standards by incorporating them by reference....
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Effect on Removal of Barriers in Existing Facilities: ADA Standard Section 101.2
Section 101.2 of the ADA Standards covers the effects of the removal of barriers in existing facilities.
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Safe harbor for qualified small businesses. (Section-by-Section Analysis)
accessibility codes; and (3) small businesses are vulnerable to title III litigation and often are compelled to settle because they cannot afford the litigation costs involved in proving that an action...
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Rulemaking Process
So we reached out to the Acoustical Society of America that had convened a voluntary consensus standard(s) working group to actually write and improve a standard that they were working on...
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Injunctive Relief
catalog will identify the complainant’s name, the affected individual’s name (if different from the name of the complainant), the subject matter of the complaint, and any responses or actions...
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C.
Of course, the Department's cause of action, if any, must come from Title II itself. Newport News, 514 U.S. at 136; Marshall, 584 F.2d at 676....