[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR1150.82]

[Page 292]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
 CHAPTER XI--ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
 
PART 1150--PRACTICE AND PROCEDURES FOR COMPLIANCE HEARINGS--Table of Contents
 
                      Subpart H--Hearing Procedures
 
Sec. 1150.82  PER proceedings.

    (a) In proceedings in which a citation, or part of one, seeking PER 
has been filed, the judge shall make necessary rulings with respect to 
time for filing of pleadings, the conduct of the hearing, and to all 
other matters. He/she shall do all other things necessary to complete 
the proceeding in the minimum time consistent with the objective of 
securing an expeditious, just and inexpensive determination of the case. 
The times for actions set forth in these rules shall be followed unless 
otherwise ordered by the judge.
    (b) The judge shall determine the terms and conditions for orders of 
PER. These orders must be consistent with preserving the rights of all 
parties so as to permit the timely processing of the citation, or part 
of it, not requesting PER, as well as consistent with the provisions and 
objectives of the Architectural Barriers Act and section 502 of the 
Rehabilitation Act. In issuing an order for PER, the judge shall make 
the following specific findings of fact and conclusions of law--
    (1) The Executive Director is likely to succeed on the merits of the 
proceedings;
    (2) The threatened injury or violation outweighs the threatened harm 
to the respondent if PER is granted; and
    (3) Granting PER is in the public interest.
    (c) The judge may dismiss any citation or part of a citation seeking 
PER when the judge finds that the timely processing of a citation not 
requesting PER will adequately ensure the objectives of section 502 of 
the Rehabilitation Act and that immediate and irreparable harm caused by 
noncompliance with the standards or guidelines and requirements is not 
occurring or about to occur.