For purposes of ensuring compliance with requirements of Texas Government Code, Chapter 469, all determinations of maximum extent feasible and disproportionality are made by the Department...
Search Results "Preliminary Determination"
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202.4 Alterations Affecting Primary Function Areas
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Introduction
When determining space requirements for dynamic transfer tasks, there are additional space needs and functional abilities of the user population which must be considered....
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F. The Department's Rulemaking History Regarding Captioning and Video Description
The Department has determined that since the publication of the 1991 regulation, new "closed" technologies for movie captioning and video description have been developed....
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5.1.1 Transfer Surface Height Adjustability Recommendation for M301 and M302
In determining these heights, project researchers measured the seat heights from underneath the buttocks at the center of the occupied seats, a spot likely to be lower than the front of...
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Scope of coverage. (Section-by-Section Analysis)
wide-ranging application, the Department wishes to emphasize that the types of private entities covered under title III are unchanged by the proposed rule, and to reiterate the criteria that determine...
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Transfer Heights
Although the study did not aim to determine what range of adjustable platform height would be needed to accommodate the majority of WMD users, the data from the subjects in this study (Table...
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Covered Multifamily Dwellings
basement is part of the finished living space of a dwelling unit, then the dwelling unit will be treated as a multistory unit, and application of the Act's accessibility requirements will be determined...
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Develop a Transition Plan
Many public entities are reassessing their facilities to determine if the original transition plan was followed and whether additional access improvements are needed....
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Make a Reasonable Effort to Accommodate, Even Without Advance Notice
The passenger should be aware, however, that the provision of medical oxygen involves coordination with the passenger’s physician to determine the flow rate and the amount of oxygen needed...
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Section 37.3 Definitions
In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies...
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§35.160 General (Section-by-Section Analysis)
Generally, factors to be considered in determining whether an interpreter is required include the context in which the communication is taking place, the number of people involved, and the...
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§35.162 Telephone Emergency Services (Section-by-Section Analysis)
Entities are allowed the flexibility to determine what is the appropriate technology for their particular needs....
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Tent Pads and Tent Platforms
Adding the 48-inch (1,220-millimeter) or 36-inch (915-millimeter) clear space to the size of a typical tent will determine the minimum size of tent pads and platforms for that campground...
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Picnic Units
The minimum size of a picnic unit is determined by the required clear space around each feature and the type and number of provided constructed features Ensure all pedestrian routes that...
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4.2 Functional Comparisons
Reception, therefore, may be uncertain and has to be empirically determined in each venue....
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Condition, Manner, or Duration
The Department believes that condition, manner, or duration determinations should be drawn in contrast to most people in the general population, as is indicated in the related rules of construction...
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Executive Order 13132
That is, the rulemaking agency must determine whether the rule is likely to have substantial direct effects on State and local governments, a substantial direct effect on the relationship...
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A. Arena Assembly Seating:
For basketball configurations, PSE shall provide three (3) first-row wheelchair spaces with three (3) companion seats, with adequate horizontal dispersal to be determined by PSE....
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Section 37.77 Purchase or Lease of New Non-Rail Vehicles by Public Entities Operating a Demand Responsive System for the General Public
Consistent with this, the Department has specified certain service criteria that are to be used when determining if the service is equivalent....
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II-2.4000 Substantial limitation of a major life activity
There is no absolute standard for determining when an impairment is a substantial limitation....
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Assistive listening systems. (Section-by-Section Analysis)
Accordingly, the Department has determined that it is not appropriate to mandate details of maintenance, but notes that failure to maintain ALS would violate § 36.211(a) of this rule....
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Line of Sight and Dispersion of Wheelchair Spaces in Assembly Areas
Another commenter inquired as to what determines whether a choice of seating locations or viewing angles is better than that available to all other spectators....
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6. Acquisition or Modification of Equipment and Devices
or employee should use the process described earlier (see 3.8) to identify the exact functional abilities and limitations of the individual in relation to functional job needs, and to determine...
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Section 36.212 Insurance (Preamble, Section-by-Section Analysis)
One insurer reported that ‘‘hard data and actuarial statistics are not available to provide precise numerical justifications for every underwriting determination,’’ but argued that decisions...