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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Section 36.201(b) (Preamble, Section-by-Section Analysis)
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§35.151 New Construction and Alterations
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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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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B. Regulatory Flexibility Act
Manufacturers may consider costs and available resources when determining whether, and the extent to which, compliance is required....
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Section 1630.2(g) Disability
“This definition is of critical importance because as a threshold issue it determines whether an individual is covered by the ADA.” 2008 Senate Statement of Managers at 6....
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5. Exception from the Requirements of M302 for Weight Scales with Integral Seats
After reviewing the comments and the Subcommittee on Weight Scales Report, the Access Board has determined that weight scales that are designed to be used by patients seated in a wheelchair...
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B. Defendant is Covered Under Title III Because it Owns and Operates its Watch Instantly Service; Other Control Arguments Are Not Supported or Are Inappropriate for Judgment on the Pleadings
Each of the cases cited by Defendant involve a court trying to determine which one of multiple, intertwined entities actually operated the place of public accommodation at issue in order...
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The Brewer Company, LLC
can then be raised above 25 inches (the minimum high height recommended by the Committee) to facilitate the exam or procedure by the medical clinician. 3) The Committee attempted to determine...
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B. Survey and Review of Polling Place Locations
It shall be Harris County’s policy and practice to review each newly proposed polling place location to determine whether it is Accessible on Election Day prior to its use in an election...
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4.3.3 Clear Floor Area
The 95th percentile dimension values for occupied length and breadth provide a reasonable threshold value for determining the dimensions for clear floor area length and breadth....
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II. Terms of Agreement
However, it is the intent of this paragraph to provide the operator of the XL Center with flexibility to determine the appropriate seating for any particular event, taking into account appropriate...
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II. Summary of Regulatory Assessment
The Department has determined that the costs of this rule do not reach $100 million in any single year, and thus it is not an economically significant rule. ...
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Although the program accessibility standard offers public entities a level of discretion in determining how to achieve program access, in the NPRM, the Department proposed an addition to...
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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....
