This distinction is made in the DOJ analysis and would also apply in the CBC. ...
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Re: Service Counters
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Sections 35.108(d)(4) and 36.105(d)(4)—Examples of Mitigating Measures
The Department received a number of comments supporting the Department’s language in these sections and its broad range of examples of what constitutes a mitigating measure....
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Can parking signage height be considered a "safe harbor"?
Department of Justice. Signage [4.6.4] page 33 The ADAAG Manual, a guide to the Americans with Disabilities Act Accessibility Guidelines Developed by the U.S....
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Capability to Operate Captioning and Audio Description Equipment (Section-by-Section Analysis)
Capability to Operate Captioning and Audio Description Equipment (Section-by-Section Analysis) The Department received a significant number of comments from individuals with disabilities...
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Section 35.150(b)(2) Safe Harbor (Section-by-Section Analysis)
Nevertheless, in order to provide certainty to public entities and individuals with disabilities alike, the Department proposes to add a provision to the program accessibility requirement...
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Fraudulent purchase of designated accessible seating. (Section-by-Section Analysis)
The Department has received numerous comments regarding fraudulent attempts to purchase wheelchair spaces for patrons other than those who use wheelchairs. ...
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Wading pools. (Section-by-Section Analysis)
The Department is concerned that installing a sloped entry in existing wading pools may not be feasible for a significant proportion of covered entities and is considering creating an exemption...
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Saunas and steam rooms. (Section-by-Section Analysis)
The Department is proposing one specific provision to minimize the potential impact of the supplemental requirements on existing saunas and steam rooms. ...
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Saunas and steam rooms. (Section-by-Section Analysis)
The Department is proposing one specific provision to minimize the potential impact of the new requirements on existing saunas and steam rooms. ...
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"Task" emphasis. (Section-by-Section Analysis)
Tasks by their nature are physical, so the Department does not believe that such a change is warranted....
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Controls for Ranges and Cooktops
A few commenters stated that the Department lacks authority under the Fair Housing Act to impose design standards on appliances....
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C. Accessible golf cars
Accessible golf cars The Department is considering issuing regulations specific to golf cars and may propose requiring golf courses that provide golf cars, when replacing or acquiring...
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§382.159(a)(2)
(2) Writing to Department of Transportation, Aviation Consumer Protection Division (C-75), 1200 New Jersey Avenue, SE., Washington, DC 20590....
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Sec. 469.057(a)
(a) The department periodically shall inform professional organizations and others, including persons with disabilities, architects, engineers, and other building professionals, of this...
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§104.3(g) Applicant for assistance
(g) Applicant for assistance means one who submits an application, request, or plan required to be approved by a Department official or by a recipient as a condition to becoming a recipient...
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68.10(26) Rules
(26) Rules--Title 16, Texas Administrative Code, Chapter 68, the administrative rules of the Texas Department of Licensing and Regulation promulgated pursuant to the Act....
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Assistive listening systems. (Section-by-Section Analysis)
Some commenters suggested that the Department should require a set schedule and protocol of mandatory maintenance....
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Assistive listening systems. (Section-by-Section Analysis)
Some comments suggested that the Department should require a set schedule and protocol of mandatory maintenance....
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Equipment and furniture.
The Department received comments both in favor and against this proposal with a majority of comments in favor of requiring accessible equipment and furniture. ...
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Compliance Determinations by State and Local Jurisdictions
The Congress, not the Department, made the decision that determinations of compliance or noncompliance with the Act by a State or unit of general local government shall not be conclusive...
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Sections 35.108(d)(1)(viii) and 36.105(d)(1)(viii)—Determination Made Without Regard to the Ameliorative Effects of Mitigating Measures
In the NPRM, the Department proposed §§ 35.108(d)(2)(vi) and 36.105(d)(2)(vi), which tracked the statutory language regarding consideration of mitigating measures....
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Background
The Department has also frequently issued guidance that interprets or explains further the text of the rule....
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Family members and friends as interpreters. (Section-by-Section Analysis)
The Department has added this regulatory requirement to emphasize that when a public accommodation is interacting with a person with a disability, it is the public accommodation's responsibility...
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F. Duplicative or Overlapping Federal Rules
The Department is not aware of any existing Federal regulations that impose duplicative, overlapping, or conflicting requirements relative to the requirements in the final rule for movie...