Section 35.138(c) of the proposed rule requires a facility to identify available accessible seating if seating maps, brochures, or other information is provided to the general...
Search Results "Cost Benefit Analysis"
-
Identification of available accessible seating. (Section-by-Section Analysis)
-
Release of unsold accessible seats. (Section-by-Section Analysis)
Section 35.138(f) provides regulatory guidance regarding the release of unsold accessible seats. Through its investigations, the Department has become familiar with the problem of...
-
Proposed behavior or training standards. (Section-by-Section Analysis)
Some commenters proposed behavior or training standards for the Department to adopt in its revised regulation, not only to remain in keeping with the requirement for individual...
-
Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
The Department is also proposing a specific application of the ADA's general integration mandate. Section 35.152(b)(2) would require public entities to ensure that inmates or...
-
Contractual arrangements with private entities. (Section-by-Section Analysis)
Prisons that are built or run by private entities have caused some confusion with regard to requirements under the ADA. The Department believes that title II obligations extend to...
-
Identification of available accessible seating. (Section-by-Section Analysis)
Identification of available accessible seating. In the NPRM, the Department proposed § 36.302(f)(3), which, as modified and renumbered § 36.302(f)(2)(iii) in the final rule,...
-
Inquiries about service animals. (Section-by-Section Analysis)
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...
-
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...
-
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.
-
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...
-
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...
-
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...
-
§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.
-
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...
-
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...
-
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,...
-
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,...
-
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.
-
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,...
-
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...
-
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...
-
Private entity (Section-By-Section Analysis and Response to Comments)
"Private entity.'' The term "private entity'' is defined as any individual or entity other than a public entity. It is used as part of the definition of "public accommodation'' in...
-
Commercial Facilities (Section-By-Section Analysis and Response to Comments)
"Commercial facilities'' are those facilities that are intended for nonresidential use by a private entity and whose operations affect commerce. As explained under Sec.36.401, "New...
-
Public entity (Section-By-Section Analysis and Response to Comments)
"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...