The Department proposes to adopt the requirements for miniature golf courses in the 2004 ADAAG. However, it requests public comment on a suggested change to the requirement for...
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Miniature Golf Courses (Section-by-Section Analysis)
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Number of accessible cells. (Section-by-Section Analysis)
Section 232.2.1 of the 2004 ADAAG requires at least two percent (2%), but no fewer than one, of the cells in newly constructed detention and correctional facilities to have...
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Section 35.161 Telecommunications (Section-by-Section Analysis)
The Department proposes to retitle this section "Telecommunications" to reflect situations in which a public entity must provide an effective means to communicate by telephone for...
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Ticket distribution methods. (Section-by-Section Analysis)
Section 35.138(a) states the general rule that a public entity shall modify its policies, practices, and procedures to ensure that individuals with disabilities can purchase single...
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Hospital and healthcare settings. (Section-by-Section Analysis)
Public entities, including public hospitals, must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. 28 CFR...
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Purchase of multiple tickets. (Section-by-Section Analysis)
The Department has received numerous complaints stating that assembly operators are unfairly restricting the number of tickets that can be purchased by individuals with...
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Captioning at sporting venues. (Section-by-Section Analysis)
The Department is aware that individuals who are deaf or hard of hearing have expressed concerns that they are unaware of information that is provided over the public address...
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§35.130(b)(3) (Section-by-Section Analysis)
Paragraph (b)(3) prohibits the public entity from utilizing criteria or methods of administration that deny individuals with disabilities access to the public entity's services,...
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§35.130(b)(6) (Section-by-Section Analysis)
Paragraph (b)(6) prohibits the public entity from discriminating against qualified individuals with disabilities on the basis of disability in the granting of licenses or...
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§35.130(b)(8) (Section-by-Section Analysis)
Paragraph (b)(8), a new paragraph not contained in the proposed rule, prohibits the imposition or application of eligibility criteria that screen out or tend to screen out an...
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§35.130(b)(2) (Section-by-Section Analysis)
Paragraph (b)(2) specifies that, notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a...
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Historic preservation programs (Section-by-Section Analysis)
"Historic preservation programs" and "Historic properties" are defined in order to aid in the interpretation of §§ 35.150(a)(2) and (b)(2), which relate to accessibility of historic...
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Assistant Attorney General (Section-by-Section Analysis)
"Assistant Attorney General." The term "Assistant Attorney General" refers to the Assistant Attorney General of the Civil Rights Division of the Department of Justice.
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§35.130(b)(7) (Section-by-Section Analysis)
Paragraph (b)(7) is a specific application of the requirement under the general prohibitions of discrimination that public entities make reasonable modifications in policies,...
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Illegal use of drugs (Section-by-Section Analysis)
"Illegal use of drugs." The definition of "illegal use of drugs" is taken from section 510(d)(1) of the Act and clarifies that the term includes the illegal use of one or more drugs.
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Qualified individual with a disability (Section-by-Section Analysis)
"Qualified individual with a disability." The definition of "qualified individual with a disability" is taken from section 201(2) of the Act, which is derived from the definition of...
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Size or weight limitations. (Section-by-Section Analysis)
Size or weight limitations. The vast majority of commenters did not support a size or weight limitation. Commenters were typically opposed to a size or weight limit because many...
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§35.130(b)(5) (Section-by-Section Analysis)
Paragraph (b)(5) prohibits the public entity, in the selection of procurement contractors, from using criteria that subject qualified individuals with disabilities to discrimination...
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Providing minimal protection. (Section-by-Section Analysis)
Providing minimal protection. The 1991 title III regulation included language stating that ‘‘minimal protection'' was a task that could be performed by an individually trained...
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E103.4 Audio Description (Section-by-Section Analysis)
The term “audio description” is used in existing 508 Standards § 1194.24(d) but not defined. We would add a definition derived from WCAG 2.0, which would in part explain that “audio...
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§35.130(b)(4) (Section-by-Section Analysis)
Paragraph (b)(4) specifically applies the prohibition enunciated in §35.130(b)(3) to the process of selecting sites for construction of new facilities or selecting existing...
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Chapter 5: Software (Section-by-Section Analysis)
Chapter 5 contains proposed technical requirements for software, applications, platforms, and software tools. The requirements in this chapter, along with the scoping provisions in...
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E103.4 508 Standards (Section-by-Section Analysis)
The term “508 Standards” is defined in order to provide consistent cross-reference within the standards to all chapters that apply to Section 508-covered federal entities, namely:...
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State (Section-By-Section Analysis and Response to Comments)
"State.'' The definition of "State'' is identical to the statutory definition in section 3(3) of the ADA. The term is used in the definitions of "commerce'' and "public entity'' in...