See the response to Question F.3, above.
Search Results "Undue Burden"
2010 ADA Definition
Undue Burden: Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include –
(1) The nature and cost of the action needed under this part;
(2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
(3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
(4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
(5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
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Commonly Searched Documents
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G.6.v. - Who is the "requiring activity official" who makes the undue burden determination?
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CASI 2014 Summer Training
CASI 2014 Summer Training
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Limitations
Limitations Covered entities are required to provide aids and services unless doing so would result in an “undue burden,” which is defined as significant difficulty or expense....
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F.4 - If an agency has appropriately determined and documented that commercial items are not available that meet applicable technical provisions, must it also determine that an exception applies?
Undue burden documentation would be required if products meeting all (or some) of the standards are commercially available but would create an undue burden on the agency to acquire....
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B. Carrier-Supplied Oxygen
As a matter of disability law, undue burden implies that there may necessarily be some burden (a “due burden”) in accommodating someone’s disability....
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§ 37.139(i)
(i) A request for a waiver based on undue financial burden, if applicable....
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E202.5.2 Required Documentation (Section-by-Section Analysis)
This proposed documentation requirement is derived from existing 508 Standards § 1194.2(a)(2) applicable to a determination of undue burden in the procurement context....
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Summary of significant issues raised by public comments in response to the NPRM Paperwork Reduction Act analysis and annual reporting burden estimate
Summary of significant issues raised by public comments in response to the NPRM Paperwork Reduction Act analysis and annual reporting burden estimate. Comment....
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Section 37.153 FTA Waiver Determination
Section 37.153 FTA Waiver Determination If the FTA Administrator grants a waiver for undue financial burden, the waiver will be for a specified period of time and the Administrator will...
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E202.5.3 Alternative Means (Section-by-Section Analysis)
E202.5.3 Alternative Means (Section-by-Section Analysis) This section proposes that, when an agency determines that an undue burden or fundamental alteration exists, it must provide individuals...
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§ 37.155(a)
(a) In making an undue financial burden determination, the FTA Administrator will consider the following factors:...
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§8.24(a)(2)
(2) Require a recipient to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative...
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§8.21(c)(1)(iii)
(iii) Require a recipient to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and administrative...
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§382.13(c)
(c) However, you are not required to make modifications that would constitute an undue burden or would fundamentally alter your program....
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NOT REQUIRED {35.150}
NOT REQUIRED {35.150} Any action that would fundamentally alter the nature of a service, program or activity Result in undue financial and administrative burdens...
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Additional Service
However, costs of such additional service do not count with respect to undue financial burden waiver requests....
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§ 37.143(b)
(b) If the plan contains a request for a wavier based on undue financial burden, the entity shall begin implementation of its plan, pending a determination on its waiver request....
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Section 1194.2 Purpose (Preamble, Section-by-Section Analysis)
Such documentation must explain in detail which provision or provisions of this rule impose an undue burden and the extent of such a burden....
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§ 36.303(g)(10)
does not require the use of open movie captioning as a means of compliance with paragraph (g) of this section, even if providing closed movie captioning for digital movies would be an undue...
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VI. Auxiliary Aids
Auxiliary aids that would result in an undue burden, (i.e., "significant difficulty or expense") or in a fundamental alteration in the nature of the goods or services are not required by...
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§ 37.135(c)(3)
(3) An entity that has demonstrated undue financial burden to the FTA shall file a plan update meeting the requirements of §§37.137-37.139 of this part on each January 26 until full compliance...
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§ 37.121(b)
The requirement to comply with §37.131 may be modified in accordance with the provisions of this subpart relating to undue financial burden....
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§ 37.153(a)
(a) The Administrator will determine whether to grant a waiver for undue financial burden on a case-by-case basis, after considering the factors identified in §37.155 of this part and the...
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General Provisions
Since only service to ADA eligible persons is required by the rule, however, only the costs of this service can be counted in the context of a request for an undue financial burden waiver...