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personal use or study, or other devices of a personal nature.

(2) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used to communicate with persons with impaired hearing.

(b) The agency 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.

(c) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility.

(d) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with 81510.160 would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted 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 section would result in such an alteration or such burdens, the agency 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 handicaps receive the benefits and services of the program or activity.

881610.161–1610.169 (Reserved) 81510.170 Compliance procedures.

(a) Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs and activities conducted by the agency.

(b) The agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by 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) The Personnel Officer, Office of Administration and Finance, shall be responsible for coordinating implementation of this section. Complaints may be sent to Personnel Officer, Office of Administration and Finance, African Development Foundation, 1625 Massachusetts Avenue, NW., Suite 600, Washington, DC, 20036.

(d) The agency shall accept and investigate all complete complaints for which it has jurisdiction. All complete complaints must be filed 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 appropriate 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), is not readily accessible to and usable by individuals with handicaps.

(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; and

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact and conclusions of law or remedies must be

157-077 0-95-22

filed by the complainant within 90 days mation to make his or her determinaof receipt from the agency of the letter tion on the appeal. required by $1510.170(8). The agency (k) The time limits cited in paramay extend this time for good cause. graphs (8) and (j) of this section may be

(i) Timely appeals shall be accepted extended with the permission of the and processed by the head of the agen

Assistant Attorney General. су.

(1) The agency may delegate its au(j) The head of the agency shall no

thority for conducting complaint intify the complainant of the results of vestigations to other Federal agencies, the appeal within 60 days of the receipt

except that the authority for making of the request. If the head of the agen

the final determination may not be cy determines that additional informa

delegated to another agency. tion is needed from the complainant, he or she shall have 60 days from the (53 FR 25883, 25885, July 8, 1988, as amended date of receipt of the additional infor- at 53 FR 25883, July 8, 1988)

CHAPTER XVI-JAPAN UNITED STATES

FRIENDSHIP COMMISSION

Page

Part 1600

Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by
the Japan-United States Friendship Commission

630 PART 1600-ENFORCEMENT OF participate in, and enjoy the benefits

NONDISCRIMINATION ON THE of, programs or activities conducted by BASIS OF HANDICAP IN PRO- the agency. For example, auxiliary aids GRAMS OR ACTIVITIES CON

useful for persons with impaired vision DUCTED BY THE JAPAN-UNITED

include readers, brailled materials, STATES FRIENDSHIP COMMISSION

audio recordings, telecommunications devices and other similar services and

devices. Auxiliary aids useful for perSec.

sons with impaired hearing include 1600.101 Purpose. 1600.102 Application.

telephone handset amplifiers, tele1600.103 Definitions.

phones compatible with hearing aids, 1600.104-1600.109 (Reserved)

telecommunication devices for deaf 1600.110 Self-evaluation.

persons (TDD's), interpreters, 1600.111 Notice.

notetakers, written materials, and 1600.1121600.129 (Reserved)

other similar services and devices. 1600.130 General prohibitions against dis

Complete complaint means a written crimination. 1600.131-1600.139 (Reserved)

statement that contains the complain1600.140 Employment.

ant's name and address and describes 1600.141—1600.148 (Reserved)

the agency's alleged discriminatory ac1600.149 Program accessibility: Discrimina- tion in sufficient detail to inform the tion prohibited.

agency of the nature and date of the al1600.150 Program accessibility: Existing fa

leged violation of section 504. It shall cilities.

be signed by the complainant or by 1600.151 Program accessibility: New construction and alterations.

someone authorized to do so on his or 1600.152—1600.159 (Reserved)

her behalf. Complaints filed on behalf 1600.160 Communications.

of classes or third parties shall describe 1600.161–1600.169 (Reserved)

or identify (by name, if possible) the 1600.170 Compliance procedures.

alleged victims of discrimination. 1600.171-1600.999 (Reserved)

Facility means all or any portion of AUTHORITY: 29 U.S.C. 794.

buildings, structures, equipment, SOURCE: 51 FR 22891, 22896, June 23, 1986, roads, walks, parking lots, rolling unless otherwise noted.

stock or other conveyances, or other

real or personal property. 81600.101 Purpose.

Handicapped person means any person This part effectuates section 119 of who has a physical or mental impairthe Rehabilitation, Comprehensive ment that substantially limits one or Services, and Developmental Disabil- more major life activities, has a record ities Amendments of 1978, which of such an impairment, or is regarded amended section 504 of the Rehabilita- as having such an impairment. tion Act of 1973 to prohibit discrimina- As used in this definition, the phrase: tion on the basis of handicap in pro- (1) Physical or mental impairment ingrams or activities conducted by Exec- cludes utive agencies or the United States (1) Any physiological disorder or conPostal Service.

dition, cosmetic disfigurement, or ana

tomical loss affecting one or more of 8 1600.102 Application.

the following body systems: NeuroThis part applies to all programs or logical; musculoskeletal; special sense activities conducted by the agency. organs; respiratory, including speech

organs; cardiovascular; reproductive; $ 1600.103 Definitions.

digestive; genitourinary; hemic and For purposes of this part, the term- lymphatic; skin; and endocrine; or

Assistant Attorney General means the (ii) Any mental or psychological disAssistant Attorney General, Civil order, such as mental retardation, orRights Division, United States Depart- ganic brain syndrome, emotional or ment of Justice.

mental illness, and specific learning Auxiliary aids means services or de- disabilities. The term physical or mental vices that enable persons with im- impairment includes, but is not limited paired sensory, manual, or speaking to, such diseases and conditions as or skills to have an equal opportunity to thopedic, visual, speech, and hearing

impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alocoholism.

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

(3) 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) Is regarded as having an impairment means

(1) Has a physical or mental impairment that does not substantially limit major life activities but is treated by the agency 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 the agency as having such an impairment.

Historic preservation programs means programs conducted by the agency 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 a statute of the appropriate State or local government body.

Qualified handicapped person means

(1) With respect to preschool, elementary, or secondary education services provided by the agency, a handicapped person who is a member of a class of persons otherwise entitled by statute, regulation, or agency policy to receive education services from the agency.

(2) With respect to any other agency program or activity under which a person is required to perform services or to achieve a level of accomplishment, a handicapped person who meets the essential eligibility requirements and who can acheive the purpose of the program or activity without modifications in the program or activity that the

agency can demonstrate would result in a fundamental alteration in its nature;

(3) With respect to any other program or activity, a handicapped person who meets the essential eligibility requirements for participation in, or receipt of benefits from, that program or activity; and

(4) Qualified handicapped person is defined for purposes of employment in 29 CFR 1613.702(1), which is made applicable to this part by $ 1600.140.

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 by the Rehabilitation Act Amendments of 1974 (Pub. L. 93–516, 88 Stat. 1617), and the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 (Pub. L. 95 602, 92 Stat. 2955). As used in this part, section 504 applies only to programs or activities conducted by Executive agencies and not to federally assisted programs.

Substantial impairment means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration.

881600.104—1600.109 (Reserved) 81600.110 Self-evaluation.

(a) The agency shall, by August 24, 1987, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part, and, to the extent modification any such policies and practices is required, the agency shall proceed to make the necessary modifications.

(b) The agency shall provide an opportunity to interested persons, including handicapped persons or organizations representing handicapped persons, to participate in the self-evaluation process by submitting comments (both oral and written).

(c) The agency shall, until three years following the completion of the self-evaluation, maintain on file and make available for public inspection:

(1) A description of areas examined and any problems identified, and

(2) A description of any modifications made.

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