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...
Search Results "Preliminary Determination"
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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
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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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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....
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11B-202 Existing buildings and facilities
When the adjusted construction cost exceeds the current valuation threshold, as defined in Chapter 2, Section 202, and the enforcing agency determines the cost of compliance with Section...
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Trailhead Information Signs [F216.13 and 1017.10]
For example, information about the height of any major obstacles, such as boulders in the trail tread, can help people determine if they can overcome these barriers....
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Benefits
Executive Order 13563 states that to the extent permitted by law federal agencies must “propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs...