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881535.112–1535.129 (Reserved)

administration the purpose or effect of

which would 8 1535.130 General

prohibitions

(1) Subject qualified handicapped peragainst discrimination.

sons to discrimination on the basis of (a) No qualified handicapped person handicap; or shall, on the basis of handicap, be ex- (ii) Defeat or substantially impair accluded from participation in, be denied

complishment of the objectives of a the benefits of, or otherwise be sub

program or activity with respect to jected to discrimination under any pro

handicapped persons. gram or activity conducted by the

(4) The agency may not, in determinagency.

ing the site or location of a facility, (b)(1) The agency, in providing any aid, benefit, or service, may not, di

make selections the purpose or effect

of which wouldrectly or through contractual, licensing, or other arrangements, on the

(i) Exclude handicapped persons basis of handicap

from, deny them the benefits of, or oth(1) Deny a qualified handicapped per

erwise subject them to discrimination son the opportunity to participate in

under any program or activity conor benefit from the aid, benefit, or

ducted by the agency; or service;

(ii) Defeat or substantially impair (ii) Afford a qualfied handicapped the accomplishment of the objectives person an opportunity to participate in of a program or activity with respect or benefit from the aid, benefit, or to handicapped persons. service that is not equal to that af- (5) The agency, in the selection of forded others;

procurement contractors, may not use (iii) Provide a qualified handicapped criteria that subject qualified handiperson with an aid, benefit, or service

capped persons to discrimination on that is not as effective in affording the basis of handicap. equal opportunity to obtain the same (c) The exclusion of nonhandicapped result, to gain the same benefit, or to

persons from the benefits of a program reach the same level of achievement as

limited by Federal statute or Executhat provided to others;

tive order to handicapped persons or (iv) Provide different or separate aid,

the exclusion of a specific class of benefits, or services to handicapped

handicapped persons from a program persons or to any class of handicapped

limited by Federal statute or Execupersons than is provided to others un

tive order to a different class of handiless such action is necessary to provide qualified handicapped persons with aid,

capped persons is not prohibited by

this part. benefits, or services that are as effective as those provided to others;

(d) The agency shall administer pro(v) Deny a qualified handicapped per

grams and activities in the most inteson the opportunity to participate as a

grated setting appropriate to the needs member of planning or advisory boards;

of qualified handicapped persons. or

881535.131–1535.139 (Reserved] (vi) Otherwise limit a qualified handicapped person in the enjoyment

$ 1535.140 Employment. of any right, privilege, advantage, or opportunity enjoyed by others receiv

No qualified handicapped person ing the aid, benefit, or service.

shall, on the basis of handicap, be sub(2) The agency may not deny a quali- jected to discrimination in employfied handicapped person the oppor

ment under any program or activity tunity to participate in programs or

conducted by the agency. The definiactivities that are not separate or dif- tions, requirements, and procedures of ferent, despite the existence of permis- section 501 of the Rehabilitation Act of sibly separate or different programs or 1973 (29 U.S.C. 791), as established by activities.

the Equal Employment Opportunity (3) The agency may not, directly or Commission in 29 CFR part 1613, shall through contractual or other arrange- apply to employment in federally conments, utilize criteria or methods of ducted programs or activities.

881535.141-1535.148 (Reserved)

through such means as redesign of

equipment, reassignment of services to $ 1636.149 Program accessibility: Dis

accessible buildings, assignment of crimination prohibited.

aides to beneficiaries, home visits, deExcept as otherwise provided in livery of services at alternate acces$1535.150, no qualified handicapped per- sible sites, alteration of existing facilison shall, because the agency's facili- ties and construction of new facilities, ties are inaccessible to or unusable by

use of accessible rolling stock, or any handicapped persons, be denied the

other methods that result in making benefits of, be excluded from participa

its programs or activities readily action in, or otherwise be subjected to

cessible to and usable by handicapped discrimination under any program or

persons. The agency is nor required to activity conducted by the agency.

make structural changes in existing fa$ 1635.150 Program accessibility: Ezist

cilities where other methods are effecing facilities.

tive in achieving compliance with this (a) General. The agency shall operate

section. The agency, in making altereach program or activity so that the

ations to existing buildings, shall meet program or activity, when viewed in its

accessibility requirements to the exentirety, is readily accessible to and

tent compelled by the Architectural usable by handicapped persons. This

Barriers Act of 1968, as amended (42 paragraph does not

U.S.C. 4151-4157), and any regulations (1) Necessarily require the agency to

implementing it. In choosing among make each of its existing facilities ac

available methods for meeting the recessible to and usable by handicapped

quirements of this section, the agency persons; or

shall give priority to those methods (2) Require the agency to take any that offer programs and activities to action that it can demonstrate would qualified handicapped persons in the result in a fundamental alteration in most integrated setting appropriate. the nature of a program or activity or (c) Time period for compliance. The in undue financial and administrative agency shall comply with the obligaburdens. In those circumstances where tions established under this section by agency personnel believe that the pro- June 6, 1986, except that where strucposed action would fundamentally tural changes in facilities are underalter the program or activity or would taken, such changes shall be made by result in undue financial and adminis

April 7, 1989, but in any event as expetrative burdens, the agency has the ditiously as possible. burden of proving that compliance with

(d) Transition plan. In the event that $1535.150(a) would result in such alter

structural changes to facilities will be ation or burdens. The decision that

undertaken to achieve program accescompliance would result in such alter

sibility, the agency shall develop, by ation or burdens must be made by the

October 7, 1986, a transition plan setagency head or his or her designee after considering all agency resources

ting forth the steps necessary to comavailable for use in the funding and op

plete such changes. The agency shall eration of the conducted program or

provide an opportunity to interested activity, and must be accompanied by

persons, including handicapped persons a written statement of the reasons for

or organizations representing handireaching that conclusion. If an action

capped persons, to participate in the would result in such an alteration or

development of the transition plan by such burdens, the agency shall take

submitting comments (both oral and any other action that would not result written). A copy of the transition plan in such an alteration or such burdens

shall be made available for public inbut would nevertheless ensure that spection. The plan shall, at a minihandicapped persons receive the bene mum fits and services of the program or ac

(1) Identify physical obstacles in the tivity.

agency's facilities that limit the acces(b) Methods. The agency may comply sibility of its programs or activities to with the requirements of this section handicapped persons;

(2) Describe in detail the methods with impaired vision or hearing, can that will be used to make the facilities obtain information as to the existence accessible;

and location of accessible services, ac(3) Specify the schedule for taking tivities, and facilities. the steps necessary to achieve compli- (C) The agency shall provide signage ance with this section and, if the time at a primary entrance to each of its inperiod of the transition plan is longer accessible facilities, directing users to than one year, identify steps that will a location at which they can obtain inbe taken during each year of the tran formation about accessible facilities. sition period; and

The international symbol for acces(4) Indicate the official responsible sibility shall be used at each primary for implementation of the plan.

entrance of an accessible facility. (51 FR 4579, Feb. 5, 1986; 51 FR 7543, Mar. 3,

(d) This section does not require the 1986)

agency to take any action that it can

demonstrate would result in a fun8 1535.151 Program accessibility: New damental alteration in the nature of a construction and alterations.

program or activity or in undue finanEach building or part of a building cial and administrative burdens. In that is constructed or altered by, on those circumstances where agency perbehalf of, or for the use of the agency sonnel believe that the proposed action shall be designed, constructed, or al

would fundamentally alter the program tered so as to be readily accessible to

or activity or would result in undue fiand usable by handicapped persons.

nancial and administrative burdens, The definitions, requirements, and the agency has the burden of proving standards of the Architectural Barriers

that compliance with $1535.160 would Act (42 U.S.C. 4151-4157), as established result in such alteration or burdens. in 41 CFR 101–19.600 to 101–19.607, apply The decision that compliance would reto buildings covered by this section.

sult in such alteration or burdens must

be made by the agency head or his or 88 1535.152–1535.159 (Reserved)

her designee after considering all agen

cy resources available for use in the 8 1535.160 Communications.

funding and operation of the conducted (a) The agency shall take appropriate program or activity, and must be acsteps to ensure effective communica companied by a written statement of tion with applicants, participants, per- the reasons for reaching that conclusonnel of other Federal entities, and sion. If an action required to comply members of the public.

with this section would result in such (1) The agency shall furnish appro an alteration or such burdens, the priate auxiliary aids where necessary agency shall take any other action to afford a handicapped person an equal that would not result in such an alteropportunity to participate in, and ation or such burdens but would neverenjoy the benefits of, a program or ac theless ensure that, to the maximum tivity conducted by the agency.

extent possible, handicapped persons (i) In determining what type of auxil- receive the benefits and services of the iary aid is necessary, the agency shall program or activity. give primary consideration to the requests of the handicapped person.

$8 1535.161—1535.169 [Reserved) (ii) The agency need not provide individually prescribed devices, readers for

$ 1535.170 Compliance Procedures. personal use or study, or other devices (a) Except as provided in paragraph of a personal nature.

(b) of this section, this section applies (2) Where the agency communicates to all allegations of discrimination on with applicants and beneficiaries by the basis of handicap in programs or telephone, telecommunication devices activities conducted by the agency. for deaf persons (TDD's) or equally ef- (b) The agency shall process comfective telecommunication systems plaints alleging violations of section shall be used.

504 with respect to employment accord(b) The agency shall ensure that in- ing to the procedures established by terested persons, including persons the Equal Employment Opportunity

Commission in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791).

(c) Legal Counsel, Office of the Federal Inspector of the Alaska Natural Gas Transportation System shall be responsible for coordinating implementation of this section. Complaints may be sent to Legal Counsel, Office of the Federal Inspector of the Alaska Natural Gas, 1000 Independence Avenue, SW., Washington, D.C. 20685.

(d) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filled within 180 days of the alleged act of discrimination. The agency may extend this time period for good cause.

(e) If the agency receives a complaint over which it does not have jurisdiction, it shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the ap propriate government entity.

(1) The agency shall notify the Architectural and Transportation Barriers Compliance Board upon receipt of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily accessible to and usable by handicapped persons.

(g) Within 180 days of the receipt of a complete complaint for which it has jurisdiction, the agency shall notify the

complainant of the results of the investigation in a letter containing

(1) Findings of fact and conclusions of law;

(2) A description of a remedy for each violation found;

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by $1535.170(8). The agency may extend this time for good cause.

(1) Timely appeals shall be accepted and processed by the head of the agency.

(j) The head of the agency shall notify the complainant of the results of the appeal within 60 days of the receipt of the request. If the head of the agency determines that additional information is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal.

(k) The time limits cited in paragraphs (8) and (j) of this section may be extended with the permission of the Assistant Attorney General.

(1) The agency may delegate its authority for conducting complaint investigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency. (51 FR 4579, Feb. 5, 1986, as amended at 51 FR 4574, Feb. 5, 1986)

88 1535.171—1535.999 [Reserved]

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