Common Errors in ADA Design Evan Terry Associates, P.C. concentrates a significant portion of its resources to the study and application of the facilities and program access requirements...
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Common Errors in ADA Design
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§104.44(b) Other rules
prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students in the recipient's education program...
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§ 35.136(a) General
of a service animal by an individual with a disability, unless the public entity can demonstrate that the use of a service animal would fundamentally alter the public entity's service, program...
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1630.6(b)
union, including collective bargaining agreements; an organization providing fringe benefits to an employee of the covered entity; or an organization providing training and apprenticeship programs...
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G.6.vi. - May an agency shift the responsibility for making undue burden determinations to vendors (i.e., by requiring interested sources who offer EIT that meets the applicable technical provisions to explain why the purchase of such EIT would not impose an undue burden?
a position to determine the difficulty or expense acquisition of EIT that meets the applicable technical provisions would impose on an agency and to know the resources available to its program...
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§35.140(b)(1)
part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program...
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§35.190(c)
(c) Responsibility for the implementation of subpart F of this part for components of State or local governments that exercise responsibilities, regulate, or administer services, programs...
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B. PARTIES
Defendant owns and operates facilities, programs, services, and activities within the meaning of the ADA....
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§1630.14(d)(3)(ii)
percent of the total cost of self-only coverage under the covered entity's group health plan, where the covered entity offers only one group health plan and participation in a wellness program...
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§ 35.190(c)
(c) Responsibility for the implementation of subpart F of this part for components of State or local governments that exercise responsibilities, regulate, or administer services, programs...
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§ 35.140(b)(1)
part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program...
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F. Testing
We believe, however, that PSAPs should conduct an internal testing program in which they conduct random TTY test calls of each call-taking position....
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A. Providing Equally Effective Communication
effective communication”2 and it is required except where a state or local government can show that providing effective communication would fundamentally alter the nature of the service or program...
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a) Curb Ramp and Sidewalk Transition Plan
. § 35.150(c)) for the completion of any barrier removal necessary for program access." Dkt. 662, 13:15-18. 71....
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B. Definition of Recipient
agency, institution, or organization, or other entity, or any individual, in any State, to whom Federal financial assistance is extended, directly or through another recipient, for any program...
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§382.141(a)(4)
(4) You must consult with organizations representing persons with disabilities in your home country when developing your training program and your policies and procedures....
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FUNDAMENTALLY ALTER THE NATURE OF… {35.130}
necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program...
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Qualified individual with a disability
communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs...
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E202.5.1 Basis for a Determination of Undue Burden
an undue burden on the agency, the agency shall consider the extent to which conformance would impose significant difficulty or expense considering the agency resources available to the program...
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§1630.6(b) Contractual or other arrangement defined
union, including collective bargaining agreements; an organization providing fringe benefits to an employee of the covered entity; or an organization providing training and apprenticeship programs...
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Qualified individual with a disability
communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs...
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1.1.8.1 Findings and filings.
Exception: Hazardous building ordinances and programs mitigating unreinforced masonry buildings. 2....
- SuperDeck Nature Trail
- Verifone MX 860 Point of Sale Machine with Credit Card Reader