Based on this provision, the Department has determined that a public entity should be entitled to choose to comply either with ADAAG or UFAS....
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§35.151 New Construction and Alterations
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Parent Asks for an Evaluation of the Student
Through the Section 504-compliant evaluation process, a knowledgeable group of people will determine if the student has a disability and, if so, what services the student needs.60 Although...
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Test A (Section-by-Section Analysis)
excluded from the definition of "disability" simply because they are temporary, but that the duration, or expected duration, of an impairment is one factor that may properly be considered in determining...
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§35.151 New construction and alterations. (Section-by-Section Analysis)
Based on this provision, the Department has determined that a public entity should be entitled to choose to comply either with ADAAG or UFAS....
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NSS Questions and Concerns
This DOJ tool was developed in 2007 to assist State and local officials and operators of emergency shelters to determine whether a facility being considered for use as an emergency is accessible...
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Conditions for an Exception in FSTAG
Rather, they are to be used when all other design options have been thoroughly explored and a determination has been made that full compliance with the technical requirements would unacceptably...
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Section 36.201(b) (Section-By-Section Analysis and Response to Comments)
Other commenters pointed out that the time remaining on the lease should not be a factor in the rule's allocation of responsibilities, but is relevant in determining what is readily achievable...
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1.3. Public Comments on Initial Regulatory Assessment and Department Responses
For example, after reviewing the public comments, the Department determined that the staff training costs estimated in the Initial RA did not adequately capture the costs to comply with...
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Sunrise House Treatment Program: Substance Abuse Among Physically Disabled Individuals - Lafayette, NJ
It can be difficult to determine rates of substance abuse since the population of physically disabled persons is so much smaller than the general population....
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2.1(a)(i) A Physical or Mental Impairment
A person's impairment is determined without regard to any medication or assistive device that s/he may use....
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Element-by-Element Safe Harbor
For example, a hotel must determine whether it is readily achievable to make its swimming pool accessible to people with mobility disabilities by installing a lift or a ramp as specified...
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Section 1193.39 Prohibited reduction of accessibility, usability and compatibility [1193.29 in the NPRM] (Section-by-Section Analysis)
The Board intends to highlight this item for attention in its market monitoring report to determine if this provision needs to be modified in the future....
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B. Accessibility
Before designating a facility as an emergency shelter, emergency managers and shelter operators need to determine if it is accessible....
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Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
One commenter proposed that a previous record of barrier removal be one of the factors in determining, prospectively, what renders a facility, when viewed in its entirety, usable and accessible...
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382.29 May a carrier require a passenger with a disability to travel with a safety assistant?
When a passenger with a disability cannot travel on a flight because there is no seat available for a safety assistant that the carrier has determined to be necessary, the passenger must...
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§ 382.40a Boarding assistance for large aircraft
(4) Level-entry boarding assistance under the agreement is not required with respect to float planes or with respect to any widebody aircraft determined by the Department of Transportation...
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Communication Issues for Employers with Maximum Leave Policies
An employer may also request relevant information to assist in determining whether the requested extension will result in an undue hardship....
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"Light Duty" Jobs
This information will be useful in determining how to return the employee to productive work, but the employer bears the ultimate responsibility for deciding whether the individual is qualified...
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B. Regulatory Flexibility Act
Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines...
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Doors in a Series
In finalizing this rule and incorporating its guidelines for recreation facilities, the Board determined that the specified height for door and gate hardware conflicts with industry practice...
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A. Purpose and Legal Authority
Additionally, the enforcing agencies will determine the application and scope of these standards, such as who must comply and the extent to which medical diagnostic equipment used by covered...
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1127B.1
Where the enforcing agency determines that compliance with these regulations would create an unreasonable hardship because of topography, natural barriers, etc., an exception may be granted...
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ACTIONS TO BE TAKEN BY CAMP BRAVO
This determination will be made by Camp Bravo on an individualized, case-by-case basis, in compliance with federal law. ...
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3. The Release Provisions are Overbroad
The release provisions are ambiguous and it is difficult to determine, with any precision, what rights and claims the class members are waiving....
