[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR36.605]

[Page 561]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 36--NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES--Table of Contents
 
     Subpart F--Certification of State Laws or Local Building Codes
 
Sec. 36.605  Procedure following preliminary determination of equivalency.

    (a) If the Assistant Attorney General makes a preliminary 
determination of equivalency under Sec. 36.604, he or she shall inform 
the submitting official, in writing, of that preliminary determination. 
The Assistant Attorney General shall also--
    (1) Publish a notice in the Federal Register that advises the public 
of the preliminary determination of equivalency with respect to the 
particular code, and invite interested persons and organizations, 
including individuals with disabilities, during a period of at least 60 
days following publication of the notice, to file written comments 
relevant to whether a final certification of equivalency should be 
issued;
    (2) After considering the information received in response to the 
notice described in paragraph (a) of this section, and after publishing 
a separate notice in the Federal Register, hold an informal hearing in 
Washington, DC at which interested persons, including individuals with 
disabilities, are provided an opportunity to express their views with 
respect to the preliminary determination of equivalency; and
    (b) The Assistant Attorney General, after consultation with the 
Architectural and Transportation Barriers Compliance Board, and 
consideration of the materials and information submitted pursuant to 
this section and Sec. 36.603, shall issue either a certification of 
equivalency or a final determination to deny the request for 
certification. He or she shall publish notice of the certification of 
equivalency or denial of certification in the Federal Register.