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...
Search Results "Final Regulatory Impact Analysis"
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Proposed behavior or training standards. (Section-by-Section Analysis)
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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...
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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...
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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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§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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§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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§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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§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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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 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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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...
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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...
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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...
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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...
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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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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...