DOT 49 CFR PART 28-2010 ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF TRANSPORTATION.pdf

1、365 Office of the Secretary of Transportation Pt. 28 record including his recommended find-ings and proposed decision to the Sec-retary for a final decision. A copy of the certification is mailed to the appli-cant or recipient and to the complain-ant, if any. The responsible Depart-mental official a

2、nd the applicant or re-cipient may submit written arguments to the Secretary concerning the Ad-ministrative Law Judges rec-ommended findings and proposed deci-sion. (b) Final decision by the Secretary. When the record is certified to the Sec-retary by the Administrative Law Judge, the Secretary revi

3、ews the record and accepts, rejects, or modifies the Administrative Law Judges rec-ommended findings and proposed deci-sion, stating the reasons therefor. (c) Decisions if hearing is waived. Whenever a hearing pursuant to 27.125(b) is waived, the Secretary makes his/her final decision on the record,

4、 stating the reasons therefor. (d) Rulings required. Each decision of the Administrative Law Judge or the Secretary contains a ruling on each finding or conclusion presented and specifies any failures to comply with this part. (e) Content of orders. The final deci-sion may provide for suspension or

5、ter-mination, or refusal to grant or con-tinue Federal financial assistance, in whole or in part, to which this first regulation applies. The decision may contain such terms, conditions, and other provisions as are consistent with and will effectuate the purposes of the Act and this part, including

6、provisions designed to assure that no Federal fi-nancial assistance to which this regu-lation applies will thereafter be ex-tended unless and until the recipient corrects its noncompliance and satis-fies the Secretary that it will fully comply with this part. (f) Subsequent proceedings. (1) An ap-pl

7、icant or recipient adversely affected by an order issued under paragraph (e) of this section is restored to full eligi-bility to receive Federal financial as-sistance if it satisfies the terms and conditions of that order or if it brings itself into compliance with this part and provides reasonable

8、assurance that it will fully comply with this part. (2) Any applicant or recipient ad-versely affected by an order entered pursuant to paragraph (e) of this sec-tion may, at any time, request the re-sponsible Departmental official to re-store its eligibility, to receive Federal financial assistance.

9、 Any request must be supported by information showing that the applicant or recipient has met the requirements of paragraph (f)(1) of this section. If the responsible Depart-mental official determines that those requirements have been satisfied, he/ she may restore such eligibility, sub-ject to the

10、approval of the Secretary. (3) If the responsible Departmental official denies any such request, the ap-plicant or recipient may submit a re-quest, in writing, for a hearing speci-fying why it believes the responsible Departmental official should restore it to full eligibility. It is thereupon given

11、 a prompt hearing, with a decision on the record. The applicant or recipient is restored to eligibility if it dem-onstrates to the satisfaction of the Secretary at the hearing that it satis-fied the requirements of paragraph (f)(1) of this section. (4) The hearing procedures of 27.127(b) through (c)

12、 and paragraphs (a) through (d) of this section apply to hearings held under paragraph (f)(3) of this section. (5) While proceedings under this para-graph are pending, the sanctions im-posed by the order issued under para-graph (e) of this section shall remain in effect. 44 FR 31468, May 31, 1979. R

13、edesignated at 56 FR 45621, Sept. 6, 1991. 68 FR 51391, Aug. 26, 2003 PART 28ENFORCEMENT OF NON-DISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF TRANSPOR-TATION Sec. 28.101 Purpose. 28.102 Application. 28.103 Definitions. 28.10428.109 Reserved 28.110 S

14、elf-evaluation. 28.111 Notice. 28.11228.129 Reserved VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00375 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-366 49 C

15、FR Subtitle A (10110 Edition) 28.101 28.130 General prohibition against discrimi-nation. 28.131 Illegal use of drugs. 28.13228.139 Reserved 28.140 Employment. 28.14128.148 Reserved 28.149 Program accessibility: Discrimina-tion prohibited. 28.150 Program accessibility: Existing fa-cilities. 28.151 Pr

16、ogram accessibility: New construc-tion and alterations. 28.15228.159 Reserved 28.160 Communications. 28.16128.169 Reserved 28.170 Compliance procedures. 28.17128.999 Reserved AUTHORITY: 29 U.S.C. 794 SOURCE: 56 FR 37296, Aug. 6, 1991, unless otherwise noted. 28.101 Purpose. The purpose of this part

17、is to carry out section 119 of the Rehabilitation, Comprehensive Services, and Develop-mental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies, in

18、cluding this De-partment, or the United States Postal Service. 49 CFR part 27 implements section 504 in the Departments finan-cial assistance programs. 28.102 Application. This part applies to all programs or activities conducted by the Depart-ment except for programs and activi-ties conducted outsi

19、de the United States that do not involve individuals with handicaps in the United States. 28.103 Definitions. For purposes of this part, the term Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Depart-ment of Justice. Auxiliary aids means service

20、s or de-vices that enable persons with im-paired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the Department. For example, auxil-iary aids useful for persons with im-paired vision include readers, B

21、railled materials, audio recordings, and other similar services and devices. Auxiliary aids useful for persons with impaired hearing include telephone handset am-plifiers, telephones compatible with hearing aids, telecommunication de-vices for deaf persons (TDDs), inter-preters, notetakers, written

22、materials, and other similar services and devices. Complete complaint means a written statement that contains the complain-ants name and address and describes the Departments alleged discrimina-tory actions in sufficient detail to in-form the Department of the nature and date of the alleged violatio

23、n of section 504. It shall be signed by the complain-ant 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 dis-crimination. Current illegal use of drugs means ille-ga

24、l use of drugs that occurred recently enough to justify a reasonable belief that a persons drug use is current or that continuing use is a real and ongo-ing problem. Drug means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Sub-stances Act (21 U.S.C. 812

25、). Department or DOT means the U.S. Department of Transportation, includ-ing the Office of the Secretary and all operating administrations. Departmental Element (or DOT ele-ment) means any one of the following organizations within the Department: (a) Office of the Secretary (OST). (b) United States

26、Coast Guard (USCG). (c) Federal Aviation Administration (FAA). (d) Federal Highway Administration (FHWA). (e) Federal Railroad Administration (FRA). (f) National Highway Traffic Safety Administration (NHTSA). (g) Federal Transit Administration (FTA). (h) Research and Special Programs Administration

27、(RSPA). (i) Maritime Administration (MARAD). (j) St. Lawrence Seaway Develop-ment Corporation (SLSDC). VerDate Mar2010 10:00 Dec 22, 2010 Jkt 220212 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networki

28、ng permitted without license from IHS-,-,-367 Office of the Secretary of Transportation 28.103 Facility means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. Illegal use of drugs means the use

29、 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 li-censed health care professional, or other uses authorized by the Controlled

30、Substances Act or other provisions of Federal law. Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is re-garded as having such an impairment. As used in this definit

31、ion, the phrase: (1) Physical or mental impairment (i) Includes any physiological dis-order or condition, cosmetic disfigure-ment, or anatomical loss affecting one or more of the following body systems: Neurological; muscular; skeletal; spe-cial sense organs; respiratory, includ-ing speech organs; c

32、ardiovascular; re-productive; digestive; genitourinary; hemic and lymphatic; skin; and endo-crine; (ii) Includes any mental or psycho-logical disorder, such as mental retar-dation, organic brain syndrome, emo-tional or mental illness, and specific learning disabilities; and (iii) Includes, but is no

33、t limited to, such diseases or conditions as ortho-pedic, visual, speech, and hearing im-pairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug ad-diction, and alcoholism. (2) Major life activities inc

34、ludes func-tions such as caring for ones self, per-forming 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

35、 one or more major life activi-ties. (4) Is regarded as having an impairment means (i) Has a physical or mental impair-ment that does not substantially limit major life activities but is treated by the Department as constituting such a limitation; (ii) Has a physical or mental impair-ment that subst

36、antially limits major life activities only as a result of the at-titudes of others toward such impair-ment; or (iii) Has none of the impairments de-fined in paragraph (1) of this definition but is treated by the Department as having such an impairment. Qualified individual with handicaps means (1) W

37、ith respect to education services provided by the U.S. Merchant Marine Academy or the U.S. Coast Guard Academy, an individual with handicaps who meets the essential eligibility re-quirements for participation in and re-ceipt of such services, including the physical standards applicable to the U.S. N

38、aval Reserve or the U.S. Coast Guard. (2) With respect to any other Depart-ment program or activity under which a person is required to perform services or to achieve a level of accomplish-ment, an individual with handicaps who meets the essential eligibility re-quirements and who can achieve the pu

39、rpose of the program or activity without modifications in the program or activity that the Department can demonstrate would result in a funda-mental alteration in its nature. The es-sential eligibility requirements include the ability to participate without en-dangering the safety of the individual

40、or others. (3) With respect to any other pro-gram or activity, an individual with handicaps who meets the essential eli-gibility requirements for participation in, or receipt of benefits from, that pro-gram or activity and (4) Qualified handicapped person as that term is defined for purposes of em-p

41、loyment in 29 CFR 1613.702(f), which is made applicable to this part by 28.140. 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. 93516, 88 VerDate Mar2010 10:00 Dec 22, 2010

42、 Jkt 220212 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Y:SGML220212.XXX 220212jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-368 49 CFR Subtitle A (10110 Edition) 28.10428.109 Stat. 1617), the Rehabilitation, Com-prehens

43、ive Services, and Develop-mental Disabilities Amendments of 1978 (Pub. L. 95602, 92 Stat. 2955); the Rehabilitation Act Amendments of 1986 (Pub. L. 99506, 100 Stat. 1810); the Civil Rights Restoration Act of 1987 (Pub. L. 100259, 102 Stat. 28), and Handicapped Program Technical Amendments Act of 198

44、8 (Pub. L. 100630, 102 Stat. 3312). As used in this part, section 504 applies only to programs or activities con-ducted by Executive agencies and not to federally assisted programs. 56 FR 37296, Aug. 6, 1991, as amended at 61 FR 32354, June 24, 1996 28.10428.109 Reserved 28.110 Self-evaluation. (a)

45、The Department shall, by one year of the effective date of this part, evaluate its current policies and prac-tices, and effects thereof, that do not or may not meet the requirements of this part, and, to the extent modifica-tion of any such policies and practices is required, the Department shall pr

46、o-ceed to make the necessary modifica-tions. (b) The Department shall provide an opportunity to interested persons, in-cluding individuals with handicaps, agency employees with handicaps, and organizations representing individuals with handicaps, to participate in the self-evaluation process by subm

47、itting comments (both oral and written). (c) The Department shall, until at least three years following completion of the evaluation required under para-graph (a) of this section, or until such time as all modifications identified by the self-evaluation to be necessary to comply with section 504 hav

48、e been com-pleted, whichever occurs later, main-tain on file and make available for pub-lic inspection (1) A description of areas examined, regulations and nonregulatory criteria reviewed, and any problems identified; and (2) A description of any modifications made. 28.111 Notice. The Department sha

49、ll make avail-able to employees, applicants, partici-pants, beneficiaries, and other inter-ested persons such information regard-ing the provisions of this part and its applicability to the programs or activi-ties conducted by the Department, and make such information available to them in such manner as the Depart-ment finds necessary to apprise such persons of the protections against dis-crimination assured them by se