28 CFR 35.160 - General

Cite as28 CFR 35.160
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290 practice notes
  • National Standards To Prevent, Detect, and Respond to Prison Rape
    • United States
    • Federal Register June 20, 2012
    • June 20, 2012
    ...intellectual, psychiatric, or speech disabilities) are as effective as their communications with individuals without disabilities. See 28 CFR 35.160-35.164. In addition, the ADA requires each State and local government entity to make reasonable modifications to its policies, practices, and ......
  • Nondiscrimination in Health Programs and Activities
    • United States
    • Federal Register September 08, 2015
    • September 8, 2015
    ...disabilities are as effective as communications with others in health programs and activities, in accordance with the standards found at 28 CFR 35.160 through 35.164. Where the regulatory provisions referenced in this section use the term ``public entity,'' the term ``covered entity'' shall......
  • Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Innovation and Opportunity Act
    • United States
    • Federal Register January 26, 2016
    • January 26, 2016
    ...achieve the goal of equally effective communication. --------------------------------------------------------------------------- \174\ 28 CFR 35.160(b)(1). --------------------------------------------------------------------------- The section defines the term ``companion'' for the purposes......
  • Nondiscrimination in Health and Health Education Programs or Activities
    • United States
    • Centers For Medicare And Medicaid Services
    • Invalid date
    ...Americans with Disabilities Act, which applies to any public entity,\121\ and which were promulgated by the Department of Justice. See 28 CFR 35.160 through \121\ ``Public entity'' includes State or local government; any department, agency, special purpose district, or other instrumentality......
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252 cases
  • State v. Atkins
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • October 9, 1998
    ...an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity." 28 C.F.R. § 35.160(b)(1) (1998). Since defendant failed to produce any evidence that he was unable to hear or participate in the instant proceedings because of h......
  • Tyner v. Brunswick County Dep't of Soc. Serv., No. 7:1O–CV–00020–F.
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • March 2, 2011
    ...the regulations promulgated by the Department of Justice for the administration and enforcement of Title II. DHHS quotes excerpts from 28 C.F.R. Part 35, Appx. A (2010) which explains that the “direct threat” principles of Part 36 (governing Title III of the ADA (public accommodations)) als......
  • Atkins v. Polk, CIVIL CASE NO. 1:06cv372
    • United States
    • United States District Courts. 4th Circuit. Western District of North Carolina
    • August 16, 2011
    ...an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity." 28 C.F.R. § 35.160(b)(1) (1998). Since defendant failed to produce any evidence that he was unable to hear or participate in the instant proceedings because of h......
  • Clark v. State , Case No. C 96-1486 CRB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • September 16, 2010
    ...of information concerning prison services, activities, and programs is "as effective" for the disabled as for the non-disabled. 28 C.F.R. § 35.160. In doing so, the prisons must provide such services as are necessary "to afford an individual with a disability an equal opportunity to partici......
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10 firm's commentaries
  • Municipal Liability Under The ADA For Website Inaccessibility
    • United States
    • Mondaq United States
    • February 5, 2019
    ...an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity." 28 C.F.R. § 35.160(a). Such auxiliary aids and services may include, but are by no means limited to, qualified interpreters on-site or through video remote inter......
  • Municipal Liability Under the ADA for Website Inaccessibility
    • United States
    • JD Supra United States
    • January 30, 2019
    ...an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.” 28 C.F.R. § 35.160(a). Such auxiliary aids and services may include, but are by no means limited to, qualified interpreters on-site or through video remote inter......
  • Legal Update: School Website Accessibility and Digital Communications Requirements
    • United States
    • JD Supra United States
    • June 22, 2016
    ...with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others. 28 C.F.R. § 35.160. Though Section 504 and Title II differ in their requirements, generally, a violation of Section 504 will also result in a violation of T......
  • Employer Obligations Under New Nondiscrimination Rules: ACA Section 1557 and Requirements for Federal Contractors
    • United States
    • JD Supra United States
    • October 19, 2016
    ...that communications with individuals with disabilities are as effective as with others. Covered entities must use the standards at 28 C.F.R. 35.160 through 35.164. Recipients and Marketplaces must provide appropriate auxiliary aids and services to individuals with impaired sensory, manual o......
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1 books & journal articles
  • Vol. 22, No. 3, 27. Serving the Client Who is Deaf.
    • United States
    • Utah Bar Journal Nbr. 2009, January 2009
    • January 1, 2009
    ...to give primary consideration to the aid or service requested by the person who is Deaf when providing effective communication. See 28 C.F.R. § 35.160(b)(2). Furthermore, Utah law gives the responsibility for providing an interpreter for any particular judicial or quasi-judicial function to......

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