The Department is aware that the proposed rule may represent a significant change in practice for many public accommodations with respect to "secondary market" ticket sales. ...
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Secondary market ticket sales. (Section-by-Section Analysis)
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Identification of accessible guest rooms. (Section-by-Section Analysis)
Proposed § 36.302(e)(2) states that hotel reservations services must identify and describe the accessible features in the hotels and guest rooms. This requirement is integral to...
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Release of unsold accessible seats. (Section-by-Section Analysis)
Proposed § 36.302(f)(6) provides regulatory guidance regarding the release of unsold accessible seats. Through its investigations, the Department has become familiar with the...
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Consultation on auxiliary aid or service. (Section-by-Section Analysis)
A public accommodation should consult with the individual with a disability, wherever possible, to determine what auxiliary aid or service would provide effective communication. In...
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Effective date: Triggering event. (Section-by-Section Analysis)
In the ANPRM, the Department suggested "first use" as an alternative triggering event for facilities that do not require building permits or that do not receive certificates of...
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Companions in health care settings. (Section-by-Section Analysis)
Effective communication is particularly critical in health care settings where miscommunication may lead to misdiagnosis and improper or delayed medical treatment. Under the ADA,...
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Subpart B-General Requirements (Section-by-Section Analysis)
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Subpart B--General Requirements (Section-by-Section Analysis)
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Subpart D--Program Accessibility (Section-by-Section Analysis)
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Alterations to cells and program access. (Section-by-Section Analysis)
When addressing the issue of alterations of prison cells, the Department must consider the realities of many inaccessible state prisons and strained budgets against the title II...
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Proposed requirement for cell alterations. (Section-by-Section Analysis)
The Department has concluded that Option II provides the best balance. Therefore, the Department is proposing § 35.152(c) that would provide that when cells are being altered, a...
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Secondary market ticket sales. (Section-by-Section Analysis)
The Department is aware that the proposed rule may represent a significant change in practice for many public entities with respect to "secondary market" ticket sales. Because the...
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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...
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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,...
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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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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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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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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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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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Areas of Refuge (Section-By-Section Analysis and Response to Comments)
- Areas of refuge (areas with direct access to a stairway, and where people who cannot use stairs may await assistance during a emergency evacuation) will be required, as proposed,...