Inquiries about service animals. The NPRM proposed language at § 36.302(c)(6) setting forth parameters about how a public accommodation may determine whether an animal qualifies as a...
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Inquiries about service animals. (Section-by-Section Analysis)
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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 Sec. 36.304(d)(2) has no effect on new or altered elements in existing facilities that...
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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...
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Current illegal use of drugs (Section-by-Section Analysis)
"Current illegal use of drugs." The phrase "current illegal use of drugs" is used in §35.131. Its meaning is discussed in the preamble for that section.
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Video remote interpreting (VRI). (Section-by-Section Analysis)
Video remote interpreting (VRI). Section 36.303(b)(1) sets out examples of auxiliary aids and services. In the NPRM, the Department proposed adding video remote services (hereafter...
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§35.130(d) and §35.130(e) (Section-by-Section Analysis)
Paragraphs (d) and (e), previously referred to in the discussion of paragraph (b)(1)(iv), provide that the public entity must administer services, programs, and activities in the...
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§35.130(b)(1)(iv) (Section-by-Section Analysis)
Paragraph (b)(1)(iv) permits the public entity to develop separate or different aids, benefits, or services when necessary to provide individuals with disabilities with an equal...
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§35.130(b)(1)(vii) (Section-by-Section Analysis)
Paragraph (b)(1)(vii) prohibits the public entity from limiting a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed...
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Scoping for timeshare or condominium hotels. (Section-by-Section Analysis)
Scoping for timeshare or condominium hotels. In the NPRM, the Department sought comment on the appropriate basis for determining scoping for a timeshare or condominium-hotel. A...
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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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§35.130(b)(1)(vi) (Section-by-Section Analysis)
Paragraph (b)(1)(vi) prohibits the public entity from denying a qualified individual with a disability the opportunity to participate as a member of a planning or advisory board.
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Family members and friends as interpreters. (Section-by-Section Analysis)
Family members and friends as interpreters. Section 36.303(c)(2), which was proposed in the NPRM, has been included in the final rule to make clear that a public accommodation shall...
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§35.130(b)(1)(i) (Section-by-Section Analysis)
Paragraph (b)(1)(i) provides that it is discriminatory to deny a person with a disability the right to participate in or benefit from the aid, benefit, or service provided by a...
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Determining appropriate auxiliary aids. (Section-by-Section Analysis)
Determining appropriate auxiliary aids. The type of auxiliary aid the public accommodation provides is dependent on which auxiliary aid is appropriate under the particular...
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§35.130(b)(1)(v) (Section-by-Section Analysis)
Paragraph (b)(1)(v) provides that a public entity may not aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an...
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Effective date for barrier removal. (Section-by-Section Analysis)
Effective date for barrier removal. Several commenters expressed concern that the NPRM did not propose a transition period for applying the 2004 ADAAG to barrier removal in existing...
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Companions who are individuals with disabilities. (Section-by-Section Analysis)
Companions who are individuals with disabilities. The Department has added several new provisions to § 36.303(c), but these provisions do not impose new obligations on places of...
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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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Religious entity (Section-By-Section Analysis and Response to Comments)
"Religious entity.'' The term "religious entity'' is defined in accordance with section 307 of the ADA as a religious organization or entity controlled by a religious organization,...
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Public accommodation (Section-By-Section Analysis and Response to Comments)
"Public accommodation.'' The term "public accommodation'' means a private entity that owns, leases (or leases to), or operates a place of public accommodation. The regulatory term,...
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Public entrances (Section-By-Section Analysis and Response to Comments)
- Generally, at least 50% of public entrances to new buildings must be accessible, rather than all entrances, as would often have resulted from the proposed approach.
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Section 36.201(a) (Section-By-Section Analysis and Response to Comments)
Section 36.201(a) contains the general rule that prohibits discrimination on the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges,...
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Qualified interpreter (Section-By-Section Analysis and Response to Comments)
"Qualified interpreter.'' The Department received substantial comment regarding the lack of a definition of "qualified interpreter.'' The proposed rule defined auxiliary aids and...
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Private club (Section-By-Section Analysis and Response to Comments)
"Private club.'' The term "private club'' is defined in accordance with section 307 of the ADA as a private club or establishment exempted from coverage under title II of the Civil...