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Part 35 - NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND
LOCAL GOVERNMENT SERVICES

Subpart A -- General

Sec.
35.101    Purpose.
35.102    Application.
35.103    Relationship to other laws.
35.104    Definitions.
35.105    Self-evaluation.
35.106    Notice.
35.107    Designation of responsible employee and adoption of
          grievance procedures.

35.108 - 35.129  [Reserved]
Subpart B -- General Requirements
35.130    General prohibitions against discrimination.
35.131    Illegal use of drugs.
35.132    Smoking.
35.133    Maintenance of accessible features.
35.134    Retaliation or coercion.
35.135    Personal devices and services.
35.136 - 35.139  [Reserved]
Subpart C -- Employment
35.140   Employment discrimination prohibited.
35.141 - 35.148  [Reserved]
Subpart D -- Program Accessibility
35.149    Discrimination prohibited.
35.150    Existing facilities.
35.151    New construction and alterations.
35.152 - 35.159  [Reserved]
Subpart E -- Communications
35.160    General.
35.161    Telecommunication devices for the deaf (TDD's).
35.162    Telephone emergency services.
35.163    Information and signage.
35.164    Duties.
35.165 - 35.169  [Reserved]
Subpart F -- Compliance Procedures
35.170    Complaints.
35.171    Acceptance of complaints.
35.172    Resolution of complaints.
35.173    Voluntary compliance agreements.
35.174    Referral.
35.175    Attorney's fees.
35.176    Alternative means of dispute resolution.
35.177    Effect of unavailability of technical assistance.
35.178    State immunity.
35.179 - 35.189  [Reserved]
Subpart G -- Designated Agencies
35.190    Designated agencies.
35.191 - 35.999  [Reserved]
Appendix A to Part 35 -- Preamble to Regulation on
Nondiscrimination on the Basis of Disability in State and Local
Government Services (Published July 26, 1991)

Authority:  5 U.S.C. 301; 28 U.S.C. 509, 510; Title II, Pub. L.
101-336 (42 U.S.C. 12134).

Subpart A -- General

{35.101   Purpose.

     The purpose of this part is to effectuate subtitle A of title
II of the Americans with Disabilities Act of 1990, which prohibits
discrimination on the basis of disability by public entities.

{35.102   Application.

     (a)  Except as provided in paragraph (b) of this section, this
part applies to all services, programs, and activities provided or
made available by public entities.

     (b)  To the extent that public transportation services,
programs, and activities of public entities are covered by subtitle
B of title II of the ADA, they are not subject to the requirements
of this part.

{35.103   Relationship to other laws.

     (a)  Rule of interpretation.  Except as otherwise provided in
this part, this part shall not be construed to apply a lesser
standard than the standards applied under title V of the
Rehabilitation Act of 1973 or the regulations issued by Federal
agencies pursuant to that title.

     (b)  Other laws.  This part does not invalidate or limit the
remedies, rights, and procedures of any other Federal laws, or
State or local laws (including State common law) that provide
greater or equal protection for the rights of individuals with
disabilities or individuals associated with them.

{35.104   Definitions.

     For purposes of this part, the term --

     Act means the Americans with Disabilities Act (Pub. L. 101-
336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and
611).

     Assistant Attorney General means the Assistant Attorney
General, Civil Rights Division, United States Department of
Justice.

     Auxiliary aids and services includes--

     (1)  Qualified interpreters, notetakers, transcription
services, written materials, telephone handset amplifiers,
assistive listening devices, assistive listening systems,
telephones compatible with hearing aids, closed caption decoders,
open and closed captioning, telecommunications devices for deaf
persons (TDD's), videotext displays, or other effective methods of
making aurally delivered materials available to individuals with
hearing impairments;

     (2)  Qualified readers, taped texts, audio recordings,
Brailled materials, large print materials, or other effective
methods of making visually delivered materials available to
individuals with visual impairments;

     (3)  Acquisition or modification of equipment or devices; and

     (4)  Other similar services and actions.

     Complete complaint means a written statement that contains the
complainant's name and address and describes the public entity's
alleged discriminatory action in sufficient detail to inform the
agency of the nature and date of the alleged violation of this
part.  It shall be signed by the complainant or by someone
authorized to do so on his or her behalf.  Complaints filed on
behalf of classes or third parties shall describe or identify (by
name, if possible) the alleged victims of discrimination.

     Current illegal use of drugs means illegal use of drugs that
occurred recently enough to justify a reasonable belief that a
person's drug use is current or that continuing use is a real and
ongoing problem.

     Designated agency means the Federal agency designated under
subpart G of this part to oversee compliance activities under this
part for particular components of State and local governments.

     Disability means, with respect to an individual, a physical or
mental impairment that substantially limits one or more of the
major life activities of such individual; a record of such an
impairment; or being regarded as having such an impairment.

     (1)(i)  The phrase physical or mental impairment means --

     (A)  Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological, musculoskeletal, special
sense organs, respiratory (including speech organs),
cardiovascular, reproductive, digestive, genitourinary, hemic and
lymphatic, skin, and endocrine;

     (B)  Any mental or psychological disorder such as mental
retardation, organic brain syndrome, emotional or mental illness,
and specific learning disabilities.

     (ii)  The phrase physical or mental impairment includes, but
is not limited to, such contagious and noncontagious diseases and
conditions as orthopedic, visual, speech and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional
illness, specific learning disabilities, HIV disease (whether
symptomatic or asymptomatic), tuberculosis, drug addiction, and
alcoholism.

     (iii)  The phrase physical or mental impairment does not
include homosexuality or bisexuality.

     (2)  The phrase major life activities means functions such as
caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working.

     (3)  The phrase has a record of such an impairment means has
a history of, or has been misclassified as having, a mental or
physical impairment that substantially limits one or more major
life activities.

     (4)  The phrase is regarded as having an impairment means-

     (i)  Has a physical or mental impairment that does not
substantially limit major life activities but that is treated by a
public entity as constituting such a limitation;

     (ii)  Has a physical or mental impairment that substantially
limits major life activities only as a result of the attitudes of
others toward such impairment; or

     (iii)  Has none of the impairments defined in paragraph (1) of
this definition but is treated by a public entity as having such an
impairment.

     (5)  The term disability does not include --

     (i)  Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;

     (ii)  Compulsive gambling, kleptomania, or pyromania; or

     (iii)  Psychoactive substance use disorders resulting from
current illegal use of drugs.

     Drug means a controlled substance, as defined in schedules I
through V of section 202 of the Controlled Substances Act (21
U.S.C. 812).

     Facility means all or any portion of buildings, structures,
sites, complexes, equipment, rolling stock or other conveyances,
roads, walks, passageways, parking lots, or other real or personal
property, including the site where the building, property,
structure, or equipment is located.

     Historic preservation programs means programs conducted by a
public entity that have preservation of historic properties as a
primary purpose.

     Historic properties means those properties that are listed or
eligible for listing in the National Register of Historic Places or
properties designated as historic under State or local law.

     Illegal use of drugs means the use of one or more drugs, the
possession or distribution of which is unlawful under the
Controlled Substances Act (21 U.S.C. 812).  The term illegal use of
drugs does not include the use of a drug taken under supervision by
a licensed health care professional, or other uses authorized by
the Controlled Substances Act or other provisions of Federal law.

    Individual with a disability means a person who has a
disability.  The term individual with a disability does not include
an individual who is currently engaging in the illegal use of
drugs, when the public entity acts on the basis of such use.

     Public entity means --

     (1)  Any State or local government;

     (2)  Any department, agency, special purpose district, or
other instrumentality of a State or States or local government; and


     (3)  The National Railroad Passenger Corporation, and any
commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act).

     Qualified individual with a disability means an individual
with a disability who, with or without reasonable modifications to
rules, policies, or practices, the removal of architectural,
communication, or transportation barriers, or the provision of
auxiliary aids and services, meets the essential eligibility
requirements for the receipt of services or the participation in
programs or activities provided by a public entity.

     Qualified interpreter means an interpreter who is able to
interpret effectively, accurately, and impartially both receptively
and expressively, using any necessary specialized vocabulary.

     Section 504 means section 504 of the Rehabilitation Act of
1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended.
     State means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
the Virgin Islands, the Trust Territory of the Pacific Islands, and
the Commonwealth of the Northern Mariana Islands.

{35.105   Self-evaluation.

     (a)  A public entity shall, within one year of the effective
date of this part, evaluate its current services, policies, and
practices, and the effects thereof, that do not or may not meet the
requirements of this part and, to the extent modification of any
such services, policies, and practices is required, the public
entity shall proceed to make the necessary modifications.

     (b)  A public entity shall provide an opportunity to
interested persons, including individuals with disabilities or
organizations representing individuals with disabilities, to
participate in the self-evaluation process by submitting comments.

     (c)  A public entity that employs 50 or more persons shall,
for at least three years following completion of the self-
evaluation, maintain on file and make available for public
inspection:

     (1)  A list of the interested persons consulted;

     (2)  A description of areas examined and any problems
identified; and

     (3)  A description of any modifications made.

     (d)  If a public entity has already complied with the self-
evaluation requirement of a regulation implementing section 504 of
the Rehabilitation Act of 1973, then the requirements of this
section shall apply only to those policies and practices that were
not included in the previous self-evaluation.

{35.106   Notice.

     A public entity shall make available to applicants,
participants, beneficiaries, and other interested persons
information regarding the provisions of this part and its
applicability to the services, programs, or activities of the
public entity, and make such information available to them in such
manner as the head of the entity finds necessary to apprise such
persons of the protections against discrimination assured them by
the Act and this part.

{35.107   Designation of responsible employee and adoption of
          grievance procedures.

     (a)  Designation of responsible employee.  A public entity
that employs 50 or more persons shall designate at least one
employee to coordinate its efforts to comply with and carry out its
responsibilities under this part, including any investigation of
any complaint communicated to it alleging its noncompliance with
this part or alleging any actions that would be prohibited by this
part.  The public entity shall make available to all interested
individuals the name, office address, and telephone number of the
employee or employees designated pursuant to this paragraph.

     (b)  Complaint procedure.  A public entity that employs 50 or
more persons shall adopt and publish grievance procedures providing
for prompt and equitable resolution of complaints alleging any
action that would be prohibited by this part.

{{35.108 - 35.129  [Reserved]

Subpart B -- General Requirements

{35.130   General prohibitions against discrimination.

     (a)  No qualified individual with a disability shall, on the
basis of disability, be excluded from participation in or be denied
the benefits of the services, programs, or activities of a public
entity, or be subjected to discrimination by any public entity.

     (b)(1)  A public entity, in providing any aid, benefit, or
service, may not, directly or through contractual, licensing, or
other arrangements, on the basis of disability --

     (i)  Deny a qualified individual with a disability the
opportunity to participate in or benefit from the aid, benefit, or
service;

     (ii)  Afford a qualified individual with a disability an
opportunity to participate in or benefit from the aid, benefit, or
service that is not equal to that afforded others;

     (iii)  Provide a qualified individual with a disability with
an aid, benefit, or service that is not as effective in affording
equal opportunity to obtain the same result, to gain the same
benefit, or to reach the same level of achievement as that provided
to others;

     (iv)  Provide different or separate aids, benefits, or
services to individuals with disabilities or to any class of
individuals with disabilities than is provided to others unless
such action is necessary to provide qualified individuals with
disabilities with aids, benefits, or services that are as effective
as those provided to others;

     (v)  Aid or perpetuate discrimination against a qualified
individual with a disability by providing significant assistance to
an agency, organization, or person that discriminates on the basis
of disability in providing any aid, benefit, or service to
beneficiaries of the public entity's program;

     (vi)  Deny a qualified individual with a disability the
opportunity to participate as a member of planning or advisory
boards;

     (vii)  Otherwise limit a qualified individual with a
disability in the enjoyment of any right, privilege, advantage, or
opportunity enjoyed by others receiving the aid, benefit, or
service.

     (2)  A public entity may not deny a qualified individual with
a disability the opportunity to participate in services, programs,
or activities that are not separate or different, despite the
existence of permissibly separate or different programs or
activities.

     (3)  A public entity may not, directly or through contractual
or other arrangements, utilize criteria or methods of
administration:

     (i)  That have the effect of subjecting qualified individuals
with disabilities to discrimination on the basis of disability;

     (ii)  That have the purpose or effect of defeating or
substantially impairing accomplishment of the objectives of the
public entity's program with respect to individuals with
disabilities; or

     (iii)  That perpetuate the discrimination of another public
entity if both public entities are subject to common administrative
control or are agencies of the same State.

     (4)  A public entity may not, in determining the site or
location of a facility, make selections --

     (i)  That have the effect of excluding individuals with
disabilities from, denying them the benefits of, or otherwise
subjecting them to discrimination; or

     (ii)  That have the purpose or effect of defeating or
substantially impairing the accomplishment of the objectives of the
service, program, or activity with respect to individuals with
disabilities.

     (5)  A public entity, in the selection of procurement
contractors, may not use criteria that subject qualified
individuals with disabilities to discrimination on the basis of
disability.

     (6)  A public entity may not administer a licensing or
certification program in a manner that subjects qualified
individuals with disabilities to discrimination on the basis of
disability, nor may a public entity establish requirements for the
programs or activities of licensees or certified entities that
subject qualified individuals with disabilities to discrimination
on the basis of disability.  The programs or activities of entities
that are licensed or certified by a public entity are not,
themselves, covered by this part.

     (7)  A public entity shall make reasonable modifications in
policies, practices, or procedures when the modifications are
necessary to avoid discrimination on the basis of disability,
unless the public entity can demonstrate that making the
modifications would fundamentally alter the nature of the service,
program, or activity.

     (8)  A public entity shall not impose or apply eligibility
criteria that screen out or tend to screen out an individual with
a disability or any class of individuals with disabilities from
fully and equally enjoying any service, program, or activity,
unless such criteria can be shown to be necessary for the provision
of the service, program, or activity being offered.

     (c)  Nothing in this part prohibits a public entity from
providing benefits, services, or advantages to individuals with
disabilities, or to a particular class of individuals with
disabilities beyond those required by this part.

     (d)  A public entity shall administer services, programs, and
activities in the most integrated setting appropriate to the needs
of qualified individuals with disabilities.

     (e)(1)  Nothing in this part shall be construed to require an
individual with a disability to accept an accommodation, aid,
service, opportunity, or benefit provided under the ADA or this
part which such individual chooses not to accept.

     (2)  Nothing in the Act or this part authorizes the
representative or guardian of an individual with a disability to
decline food, water, medical treatment, or medical services for
that individual.

     (f)  A public entity may not place a surcharge on a particular
individual with a disability or any group of individuals with
disabilities to cover the costs of measures, such as the provision
of auxiliary aids or program accessibility,  that are required to
provide that individual or group with the nondiscriminatory
treatment required by the Act or this part.

     (g)  A public entity shall not exclude or otherwise deny equal
services, programs, or activities to an individual or entity
because of the known disability of an individual with whom the
individual or entity is known to have a relationship or
association.

{35.131   Illegal use of drugs.

     (a)  General.  (1) Except as provided in paragraph (b) of this
section, this part does not prohibit discrimination against an
individual based on that individual's current illegal use of drugs.


     (2)  A public entity shall not discriminate on the basis of
illegal use of drugs against an individual who is not engaging in
current illegal use of drugs and who--

     (i)  Has successfully completed a supervised drug
rehabilitation program or has otherwise been rehabilitated
successfully;

     (ii)  Is participating in a supervised rehabilitation program;
or

     (iii)  Is erroneously regarded as engaging in such use.

     (b)  Health and drug rehabilitation services.  (1)  A public
entity shall not deny health services, or services provided in
connection with drug rehabilitation, to an individual on the basis
of that individual's current illegal use of drugs, if the
individual is otherwise entitled to such services.

     (2)  A drug rehabilitation or treatment program may deny
participation to individuals who engage in illegal use of drugs
while they are in the program.

     (c)  Drug testing.  (1) This part does not prohibit a public
entity from adopting or administering reasonable policies or
procedures, including but not limited to drug testing, designed to
ensure that an individual who formerly engaged in the illegal use
of drugs is not now engaging in current illegal use of drugs.

     (2) Nothing in paragraph (c) of this section shall be
construed to encourage, prohibit, restrict, or authorize the
conduct of testing for the illegal use of drugs.

{35.132   Smoking.

     This part does not preclude the prohibition of, or the
imposition of restrictions on, smoking in transportation covered by
this part.

{35.133   Maintenance of accessible features.

     (a)  A public accommodation shall maintain in operable working
condition those features of facilities and equipment that are
required to be readily accessible to and usable by persons with
disabilities by the Act or this part.

     (b)  This section does not prohibit isolated or temporary
interruptions in service or access due to maintenance or repairs.
{35.134   Retaliation or coercion.

     (a)  No private or public entity shall discriminate against
any individual because that individual has opposed any act or
practice made unlawful by this part, or because that individual
made a charge, testified, assisted, or participated in any manner
in an investigation, proceeding, or hearing under the Act or this
part.

     (b)  No private or public entity shall coerce, intimidate,
threaten, or interfere with any individual in the exercise or
enjoyment of, or on account of his or her having exercised or
enjoyed, or on account of his or her having aided or encouraged any
other individual in the exercise or enjoyment of, any right granted
or protected by the Act or this part.

{35.135   Personal devices and services.

     This part does not require a public entity to provide to
individuals with disabilities personal devices, such as
wheelchairs; individually prescribed devices, such as prescription
eyeglasses or hearing aids; readers for personal use or study; or
services of a personal nature including assistance in eating,
toileting, or dressing.

{{35.136 - 35.139  [Reserved]

Subpart C -- Employment

{35.140   Employment discrimination prohibited.

     (a) No qualified individual with a disability shall, on the
basis of disability, be subjected to discrimination in employment
under any service, program, or activity conducted by a public
entity.

     (b)(1)  For purposes of this part, the requirements of title
I of the Act, as established by the regulations of the Equal
Employment Opportunity Commission in 29 CFR part 1630, apply to
employment in any service, program, or activity conducted by a
public entity if that public entity is also subject to the
jurisdiction of title I.

     (2)  For the purposes of this part, the requirements of
section 504 of the Rehabilitation Act of 1973, as established by
the regulations of the Department of Justice in 28 CFR Part 41, as
those requirements pertain to employment, apply to employment in
any service, program, or activity conducted by a public entity if
that public entity is not also subject to the jurisdiction of title
I.

{{35.141 - 35.148  [Reserved]

Subpart D -- Program Accessibility

{35.149   Discrimination prohibited.

     Except as otherwise provided in {35.150, no qualified
individual with a disability shall, because a public entity's
facilities are inaccessible to or unusable by individuals with
disabilities, be excluded from participation in, or be denied the
benefits of the services, programs, or activities of a public
entity, or be subjected to discrimination by any public entity.

{35.150   Existing facilities.

     (a)  General.  A public entity shall operate each service,
program, or activity so that the service, program, or activity,
when viewed in its entirety, is readily accessible to and usable by
individuals with disabilities.  This paragraph does not --

     (1)  Necessarily require a public entity to make each of its
existing facilities accessible to and usable by individuals with
disabilities;

     (2)  Require a public entity to take any action that would
threaten or destroy the historic significance of an historic
property; or

     (3)  Require a public entity to take any action that it can
demonstrate would result in a fundamental alteration in the nature
of a service, program, or activity or in undue financial and
administrative burdens.  In those circumstances where personnel of
the public entity believe that the proposed action would
fundamentally alter the service, program, or activity or would
result in undue financial and administrative burdens, a public
entity has the burden of proving that compliance with {35.150(a) of
this part would result in such alteration or burdens.  The decision
that compliance would result in such alteration or burdens must be
made by the head of a public entity or his or her designee after
considering all resources available for use in the funding and
operation of the service, program, or activity, and must be
accompanied by a written statement of the reasons for reaching that
conclusion.  If an action would result in such an alteration or
such burdens, a public entity shall take any other action that
would not result in such an alteration or such burdens but would
nevertheless ensure that individuals with disabilities receive the
benefits or services provided by the public entity.

     (b)  Methods.  (1)  General.  A public entity may comply with
the requirements of this section through such means as redesign of
equipment, reassignment of services to accessible buildings,
assignment of aides to beneficiaries, home visits, delivery of
services at alternate accessible sites, alteration of existing
facilities and construction of new facilities, use of accessible
rolling stock or other conveyances, or any other methods that
result in making its services, programs, or activities readily
accessible to and usable by individuals with disabilities.  A
public entity is not required to make structural changes in
existing facilities where other methods are effective in achieving
compliance with this section.  A public entity, in making
alterations to existing buildings, shall meet the  accessibility
requirements of {35.151.  In choosing among available methods for
meeting the requirements of this section, a public entity shall
give priority to those methods that offer services, programs, and
activities to qualified individuals with disabilities in the most
integrated setting appropriate.

     (2)  Historic preservation programs.  In meeting the
requirements of {35.150(a) in historic preservation programs, a
public entity shall give priority to methods that provide physical
access to individuals with disabilities.  In cases where a physical
alteration to an historic property is not required because of
paragraph (a)(2) or (a)(3) of this section, alternative methods of
achieving program accessibility include --
     (i)  Using audio-visual materials and devices to depict those
portions of an historic property that cannot otherwise be made
accessible;

     (ii) Assigning persons to guide individuals with handicaps
into or through portions of historic properties that cannot
otherwise be made accessible; or

     (iii) Adopting other innovative methods.

     (c)  Time period for compliance.   Where structural changes in
facilities are undertaken to comply with the obligations
established under this section, such changes shall be made within
three years of the effective date of this part, but in any event as
expeditiously as possible.

     (d)  Transition plan.  (1)  In the event that structural
changes to facilities will be undertaken to achieve program
accessibility, a public entity that employs 50 or more persons
shall develop, within six months of the effective date of this
part, a transition plan setting forth the steps necessary to
complete such changes.  A public entity shall provide an
opportunity to interested persons, including individuals with
disabilities or organizations representing individuals with
disabilities, to participate in the development of the transition
plan by submitting comments.  A copy of the transition plan shall
be made available for public inspection.

     (2)  If a public entity has responsibility or authority over
streets, roads, or walkways, its transition plan shall include a
schedule for providing curb ramps or other sloped areas where
pedestrian walks cross curbs, giving priority to walkways serving
entities covered by the Act, including State and local government
offices and facilities, transportation, places of public
accommodation, and employers, followed by walkways serving other
areas.

     (3)  The plan shall, at a minimum --

     (i)  Identify physical obstacles in the public entity's
facilities that limit the accessibility of its programs or
activities to individuals with disabilities;

     (ii)  Describe in detail the methods that will be used to make
the facilities accessible;

     (iii)  Specify the schedule for taking the steps necessary to
achieve compliance with this section and, if the time period of the
transition plan is longer than one year, identify steps that will
be taken during each year of the transition period; and
     (iv)  Indicate the official responsible for implementation of
the plan.

     (4)  If a public entity has already complied with the
transition plan requirement of a Federal agency regulation
implementing section 504 of the Rehabilitation Act of 1973, then
the requirements of this paragraph shall apply only to those
policies and practices that were not included in the previous
transition plan.

{35.151   New construction and alterations.

     (a)  Design and construction.  Each facility or part of a
facility constructed by, on behalf of, or for the use of a public
entity shall be designed and constructed in such manner that the
facility or part of the facility is readily accessible to and
usable by individuals with disabilities, if the construction was
commenced after January 26, 1992.

     (b)  Alteration.  Each facility or part of a facility altered
by, on behalf of, or for the use of a public entity in a manner
that affects or could affect the usability of the facility or part
of the facility shall, to the maximum extent feasible, be altered
in such manner that the altered portion of the facility is readily
accessible to and usable by individuals with disabilities, if the
alteration was commenced after January 26, 1992.

     (c)  Accessibility standards.  Design, construction, or
alteration of facilities in conformance with the Uniform Federal
Accessibility Standards (UFAS) (Appendix A to 41 CFR Part 101-19.6)
or with the Americans with Disabilities Act Accessibility
Guidelines for Buildings and Facilities (ADAAG) (Appendix A to the
Department of Justice's final rule implementing title III of the
ADA, _____ F.R. _____) shall be deemed to comply with the
requirements of this section with respect to those facilities,
except that the elevator exemption contained at {4.1.3(5) and
{4.1.6(1)(j) of ADAAG shall not apply.  Departures from particular
requirements of either standard by the use of other methods shall
be permitted when it is clearly evident that equivalent access to
the facility or part of the facility is thereby provided.

     (d)  Alterations:  Historic properties.   (1)  Alterations to
historic properties shall comply, to the maximum extent feasible,
with {4.1.7 of UFAS or {4.1.7 of ADAAG.

     (2)  If it is not feasible to provide physical access to an
historic property in a manner that will not threaten or destroy the
historic significance of the building or facility,  alternative
methods of access shall be provided pursuant to the requirements of
{35.150.

     (e)  Curb ramps.  (1)  Newly constructed or altered streets,
roads, and highways must contain curb ramps or other sloped areas
at any intersection having curbs or other barriers to entry from a
street level pedestrian walkway.

     (2)  Newly constructed or altered street level pedestrian
walkways must contain curb ramps or other sloped areas at
intersections to streets, roads, or highways.

{{35.152 - 35.159  [Reserved]

Subpart E -- Communications

{35.160   General.

     (a)  A public entity shall take appropriate steps to ensure
that communications with applicants, participants, and members of
the public with disabilities are as effective as communications
with others.

     (b)(1)  A public entity shall furnish appropriate auxiliary
aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in, and enjoy the
benefits of, a service, program, or activity conducted by a public
entity.

     (2)  In determining what type of auxiliary aid and service is
necessary, a public entity shall give primary consideration to the
requests of the individual with disabilities.

{35.161   Telecommunication devices for the deaf (TDD's).

     Where a public entity communicates by telephone with
applicants and beneficiaries, TDD's or equally effective
telecommunication systems shall be used to communicate with
individuals with impaired hearing or speech.

{35.162   Telephone emergency services.

     Telephone emergency services, including 911 services, shall
provide direct access to individuals who use TDD's and computer
modems.

{35.163   Information and signage.

     (a)  A public entity shall ensure that interested persons,
including persons with impaired vision or hearing, can obtain
information as to the existence and location of accessible
services, activities, and facilities.

     (b)  A public entity shall provide signage at all inaccessible
entrances to each of its facilities, directing users to an
accessible entrance or to a location at which they can obtain
information about accessible facilities.  The international symbol
for accessibility shall be used at each accessible entrance of a
facility.

{35.164   Duties.

     This subpart does not require a public entity to take any
action that it can demonstrate would result in a fundamental
alteration in the nature of a service, program, or activity or in
undue financial and administrative burdens.  In those circumstances
where personnel of the public entity believe that the proposed
action would fundamentally alter the service, program, or activity
or would result in undue financial and administrative burdens, a
public entity has the burden of proving that compliance with this
subpart would result in such alteration or burdens.  The decision
that compliance would result in such alteration or burdens must be
made by the head of the public entity or his or her designee after
considering all resources available for use in the funding and
operation of the service, program, or activity and must be
accompanied by a written statement of the reasons for reaching that
conclusion.  If an action required to comply with this subpart
would result in such an alteration or such burdens, a public entity
shall take any other action that would not result in such an
alteration or such burdens but would nevertheless ensure that, to
the maximum extent possible, individuals with disabilities receive
the benefits or services provided by the public entity.

{{35.165 - 35.169  [Reserved]

Subpart F - Compliance Procedures

{35.170   Complaints.

     (a)  Who may file.  An individual who believes that he or she
or a specific class of individuals has been subjected to
discrimination on the basis of disability by a public entity may,
by himself or herself or by an authorized representative, file a
complaint under this part.

     (b)  Time for filing.  A complaint must be filed not later
than 180 days from the date of the alleged discrimination, unless
the time for filing is extended by the designated agency for good
cause shown.  A complaint is deemed to be filed under this section
on the date it is first filed with any Federal agency.

     (c)  Where to file.  An individual may file a complaint with
any agency that he or she believes to be the appropriate agency
designated under subpart G of this part, or with any agency that
provides funding to the public entity that is the subject of the
complaint, or with the Department of Justice for referral as
provided in {35.171(a)(2).

{35.171   Acceptance of complaints.

     (a)  Receipt of complaints.  (1)(i)  Any Federal agency that
receives a complaint of discrimination on the basis of disability
by a public entity shall promptly review the complaint to determine
whether it has jurisdiction over the complaint under section 504.

     (ii)  If the agency does not have section 504 jurisdiction, it
shall promptly determine whether it is the designated agency under
subpart G of this part responsible for complaints filed against
that public entity.

     (2)(i)  If an agency other than the Department of Justice
determines that it does not have section 504 jurisdiction and is
not the designated agency, it shall promptly refer the complaint,
and notify the complainant that it is referring the complaint to
the Department of Justice.

     (ii)  When the Department of Justice receives a complaint for
which it does not have jurisdiction under section 504 and is not
the designated agency, it shall refer the complaint to an agency
that does have jurisdiction under section 504 or to the appropriate
agency designated in subpart G of this part or, in the case of an
employment complaint that is also subject to title I of the Act, to
the Equal Employment Opportunity Commission.

     (3)(i)  If the agency that receives a complaint has section
504 jurisdiction, it shall process the complaint according to its
procedures for enforcing section 504.

     (ii)  If the agency that receives a complaint does not have
section 504 jurisdiction, but is the designated agency, it shall
process the complaint according to the procedures established by
this subpart.

     (b)  Employment complaints.  (1)  If a complaint alleges
employment discrimination subject to title I of the Act, and
the agency has section 504 jurisdiction, the agency shall follow
the procedures issued by the Department of Justice and the Equal
Employment Opportunity Commission under section 107(b) of the Act.

     (2)  If a complaint alleges employment discrimination subject
to title I of the Act, and the designated agency does not have
section 504 jurisdiction, the agency shall refer the complaint to
the Equal Employment Opportunity Commission for processing under
title I of the Act.

     (3)  Complaints alleging employment discrimination subject to
this part, but not to title I of the Act shall be processed in
accordance with the procedures established by this subpart.

     (c)  Complete complaints.  (1)  A designated agency shall
accept all complete complaints under this section and shall
promptly notify the complainant and the public entity of the
receipt and acceptance of the complaint.

     (2)  If the designated agency receives a complaint that is not
complete, it shall notify the complainant and specify the
additional information that is needed to make the complaint a
complete complaint.  If the complainant fails to complete the
complaint, the designated agency shall close the complaint without
prejudice.

{35.172   Resolution of complaints.

     (a)  The designated agency shall investigate each complete
complaint, attempt informal resolution, and, if resolution is not
achieved, issue to the complainant and the public entity a Letter
of Findings that shall include --

     (1)  Findings of fact and conclusions of law;

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

     (3)  Notice of the rights available under paragraph (b) of
this section.

     (b)  If the designated agency finds noncompliance, the
procedures in {{35.173 and 35.174 shall be followed.  At any time,
the complainant may file a private suit pursuant to section 203 of
the Act, whether or not the designated agency finds a violation.

{35.173   Voluntary compliance agreements.

     (a) When the designated agency issues a noncompliance Letter
of Findings, the designated agency shall--

     (1) Notify the Assistant Attorney General by forwarding a copy
of the Letter of Findings to the Assistant Attorney General; and

     (2) Initiate negotiations with the public entity to secure
compliance by voluntary means.

     (b) Where the designated agency is able to secure voluntary
compliance, the voluntary compliance agreement shall --

     (1) Be in writing and signed by the parties;

     (2) Address each cited violation;

     (3) Specify the corrective or remedial action to be taken,
within a stated period of time, to come into compliance;

     (4) Provide assurance that discrimination will not recur; and

     (5) Provide for enforcement by the Attorney General.

{35.174   Referral.

     If the public entity declines to enter into voluntary
compliance negotiations or if negotiations are unsuccessful, the
designated agency shall refer the matter to the Attorney General
with a recommendation for appropriate action.

{35.175   Attorney's fees.

     In any action or administrative proceeding commenced pursuant
to the Act or this part, the court or agency, in its discretion,
may allow the prevailing party, other than the United States, a
reasonable attorney's fee, including litigation expenses, and
costs, and the United States shall be liable for the foregoing the
same as a private individual.

{35.176   Alternative means of dispute resolution.

     Where appropriate and to the extent authorized by law, the use
of alternative means of dispute resolution, including settlement
negotiations, conciliation, facilitation, mediation, factfinding,
minitrials, and arbitration, is encouraged to resolve disputes
arising under the Act and this part.

{35.177   Effect of unavailability of technical assistance.

     A public entity shall not be excused from compliance with the
requirements of this part because of any failure to receive
technical assistance, including any failure in the development or
dissemination of any technical assistance manual authorized by the
Act.

{35.178   State immunity.

    A State shall not be immune under the eleventh amendment to the
Constitution of the United States from an action in Federal or
State court of competent jurisdiction for a violation of this Act.
In any action against a State for a violation of the requirements
of this Act, remedies (including remedies both at law and in
equity) are available for such a violation to the same extent as
such remedies are available for such a violation in an action
against any public or private entity other than a State.

{{35.179 - 35.189  [Reserved]

Subpart G -- Designated Agencies

{35.190   Designated agencies.

     (a)  The Assistant Attorney General shall coordinate the
compliance activities of Federal agencies with respect to State and
local government components, and shall provide policy guidance and
interpretations to designated agencies to ensure the consistent and
effective implementation of the requirements of this part.

     (b)  The Federal agencies listed in paragraph (b)(1)-(8) of
this section shall have responsibility for the implementation of
subpart F of this part for components of State and local
governments that exercise responsibilities, regulate, or administer
services, programs, or activities in the following functional
areas.

     (1)  Department of Agriculture:  all programs, services, and
regulatory activities relating to farming and the raising of
livestock, including extension services.

     (2)  Department of Education:  all programs, services, and
regulatory activities relating to the operation of elementary and
secondary education systems and institutions, institutions of
higher education and vocational education (other than schools of
medicine, dentistry, nursing, and other health-related schools),
and libraries.

     (3)  Department of Health and Human Services:  all programs,
services, and regulatory activities relating to the provision of
health care and social services, including schools of medicine,
dentistry, nursing, and other health-related schools, the operation
of health care and social service providers and institutions,
including "grass-roots" and community services organizations and
programs, and preschool and daycare programs.

     (4)  Department of Housing and Urban Development:  all
programs, services, and regulatory activities relating to state and
local public housing, and housing assistance and referral.

     (5)  Department of Interior:  all programs, services, and
regulatory activities relating to lands and natural resources,
including parks and recreation, water and waste management,
environmental protection, energy, historic and cultural
preservation, and museums.

     (6)  Department of Justice:  all programs, services, and
regulatory activities relating to law enforcement, public safety,
and the administration of justice, including courts and
correctional institutions; commerce and industry, including general
economic development, banking and finance, consumer protection,
insurance, and small business; planning, development, and
regulation (unless assigned to other designated agencies); state
and local government support services (e.g., audit, personnel,
comptroller, administrative services); all other government
functions not assigned to other designated agencies.

     (7)  Department of Labor:  all programs, services, and
regulatory activities relating to labor and the work force.

     (8)  Department of Transportation:  all programs, services,
and regulatory activities relating to transportation, including
highways, public transportation, traffic management (non-law
enforcement), automobile licensing and inspection, and driver
licensing.

     (c)  Responsibility for the implementation of subpart F of
this part for components of State or local governments that
exercise responsibilities, regulate, or administer services,
programs, or activities relating to functions not assigned to
specific designated agencies by paragraph (b) of this section may
be assigned to other specific agencies by the Department of
Justice.

     (d)  If two or more agencies have apparent responsibility over
a complaint, the Assistant Attorney General shall determine which
one of the agencies shall be the designated agency for purposes of
that complaint.

{{35.191 - 35.999  [Reserved]

Appendix A to Part 35 -- Preamble to Regulation on
Nondiscrimination on the Basis of Disability in State and Local
Government Services (Published July 26, 1991)

NOTE:  For the convenience of the reader, this appendix contains
the text of the preamble to the final regulation on
nondiscrimination on the basis of disability in State and local
government services beginning at the heading "Section-by-Section
Analysis" and ending before "List of Subjects in 28 CFR Part 35"
(56 FR [INSERT FR PAGE CITATIONS]; July 26, 1991).





______________                          ___________________
Date                                    Dick Thornburgh
                                        Attorney General