The Department has decided to adopt the language of the proposed rule without change....
Search Results "Rules"
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Section 36.212 Insurance (Section-By-Section Analysis and Response to Comments)
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Section 37.23 Service Under Contract
The import of the provision is that it requires a private entity contracting to provide transportation service to a public entity to follow the rules applicable to the public entity....
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Test A (Section-by-Section Analysis)
The phrase "symptomatic or asymptomatic" was inserted in the final rule after "HIV disease" in response to commenters who suggested the clarification was necessary....
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B. Regulatory Flexibility Act
Objectives of, and legal basis for, the proposed rule....
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Americans with Disabilities Act Amendments Act of 2008
DISABILITY DEFINED AND RULES OF CONSTRUCTION. (a) DEFINITION OF DISABILITY....
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Assessment factors. (Section-by-Section Analysis)
Of course, public accommodations may enforce legitimate safety rules established for the operation of other-power driven mobility devices (e.g., reasonable speed restrictions)....
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4 Appendix B to part 36: Analysis and Commentary on the 2010 ADA Standards for Accessible Design
changes in the scoping and technical requirements for new construction and alterations resulting from the adoption of new ADA Standards for Accessible Design (2010 Standards) in the final rules...
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7.11(a) Collective Bargaining Agreements
Editor's Note Since A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act was published, the Supreme Court has issued three rulings...
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M305.4 Leg Supports (Section-by-Section Analysis)
However, in the final rule the Access Board has made an editorial change in terminology, from stirrups to leg supports, in response to the MDE Advisory Committee recommendation and to provide...
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15. When are "path of travel" obligations triggered?
Under the Department of Justice rules (28 C.F.R. 36.403), the cost of providing an accessible "path of travel" to the altered area is considered "disproportionate" when the cost exceeds...
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M302.2.3 Size (Section-by-Section Analysis)
Board has decided to increase the transfer surface size for equipment used by patients in a seated position to 17 inches deep and retain the 21-inch-wide requirement from the proposed rule...
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31. Must an employer provide a reassignment if it would violate a seniority system?
Generally, it will be "unreasonable" to reassign an employee with a disability if doing so would violate the rules of a seniority system.(92) This is true both for collectively bargained...
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The ADA and Department of Justice Regulations
On July 26, 1991, the Department issued its final rules implementing title II and title III, which are codified at 28 CFR part 35 (title II) and part 36 (title III). ...
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"Qualified Reader'' (Section-by-Section Analysis)
The final rule defines a ‘‘qualified reader'' to mean ‘‘a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.''...
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6. Modifications to the Functional Performance Criterion for Limited Vision
Accordingly, the Board proposes to retain this approach to functional performance criteria for limited vision in this propose rule....
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Portable tactile maps
Other rules of thumb include restrictions on crowding, and proper use of Braille labeling (Edman, 1992). ...
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Companions
To prevent potential abuse of this provision, the rule provides that a companion (e.g., friend or family member) does not count as a personal care attendant unless the eligible individual...
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II-6.2100 General
It is anticipated that the Department of Justice will amend its title II rule to eliminate the choice between ADAAG and UFAS and, instead, mandate that public entities follow the amended...
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11B-403.3 Slope
Access Board issued a proposed Supplemental Rule to address accessibility for Shared Use Paths (used by pedestrians, bicyclists, and others for transportation or recreation), distinguished...
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382.117 Must carriers permit passengers with a disability to travel with service animals?
This section has been made more detailed than the current rule’s service animal provision, in response to the comments discussed earlier in the preamble....
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M301.4.1 Clearance in Base (Section-by-Section Analysis)
Where the width of the equipment is less than 36 inches wide, the proposed rule required the clearance to extend the full width of the equipment. Id....
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Examples of Major Life Activities, Other Than the Operations of a Major Bodily Function
history and the relevant public comments, the Department decided to include ‘‘writing’’ as an additional example in its non-exhaustive list of examples of major life activities in the final rule...
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Section 35.161 Telecommunications. (Section-by-Section Analysis)
features of widely used telecommunications technology that should be as accessible to persons who are deaf or hard of hearing as they are to others, and has amended the section in the final rule...
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A. Overview Of The Relevant Statutory And Regulatory Provisions
On July 26, 1991, the Department issued rules implementing title II and title III, which are codified at 28 C.F.R. part 35 (title II) and 28 C.F.R. part 36 (title III). ...