[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR18.422]

[Page 24-25]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 18--NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT 
OF VETERANS AFFAIRS--EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 
1964--Table of Contents
 
   Subpart D--Nondiscrimination in Federally-Assisted Programs of the 
 Department of Veterans Affairs--Effectuation of Title VI of the Civil 
                           Rights Act of 1964
 
Sec. 18.422  Existing facilities.

    (a) Program accessibility. A recipient shall operate each program or 
activity to which this part applies so that the program or activity, 
when viewed in its entirety, is readily accessible to handicapped 
persons. This paragraph does not require a recipient to make each of its 
existing facilities or every part of a facility accessible to and usable 
by handicapped persons.
    (b) Methods. A recipient may comply with the requirement of 
paragraph (a) of this section through such measures as redesign of 
equipment, reassignment of classes or other services to accessible 
buildings, assignment of aids to beneficiaries, home visits, delivery of 
health, or other social services at alternate accessible sites, 
alteration of existing facilities and construction of new facilities in 
conformance with Sec. 18.423 or any other methods that make its program 
or activity accessible to handicapped persons. A recipient is not 
required to make structural changes in existing facilities where other 
methods are effective in making its programs or activities readily 
accessible to handicapped persons. In choosing among available methods 
for complying with paragraph (a) of this section, a recipient shall give 
priority to methods that offer programs and activities to handicapped 
persons in the most integrated setting appropriate.
    (c) Small health, welfare or other social service providers, and 
recipients that operate other than educational programs or activities. 
If a recipient with fewer than fifteen employees finds after 
consultation with a handicapped person seeking its services that there 
is no method of complying with paragraph (a) of this section other than 
making a significant alteration in its existing facilities, the 
recipient may, as an alternative, refer the qualified handicapped person 
to other providers whose services are accessible. Where referrals are 
necessary, transportation costs shall not exceed costs to and from 
recipients' programs.
    (d) Time period. A recipient shall comply with paragraph (a) of this 
section within 60 days of the effective date of this part except that 
when structural changes in facilities are necessary, these changes shall 
be made as soon as practicable, but not later than three years after the 
effective date of this part.
    (e) Transition plan. If structural changes to facilities are 
necessary to meet the requirements of paragraph (a) of this section, a 
recipient shall develop a transition plan within six months of the 
effective date of this part setting forth the steps necessary to 
complete such change. The plan shall be developed with the assistance of 
interested persons, including handicapped persons or organizations 
representing handicapped persons. A copy of the transition plan shall be 
available for public inspection. The plan shall, at a minimum:
    (1) Identify physical obstacles in the recipient's facilities that 
limit the accessibility of its program or activity to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
full program accessibility 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
    (4) Indicate the person responsible for implementation of the plan.
    (f) Notice. The recipient shall implement procedures to ensure that 
interested persons, including persons with impaired vision or hearing, 
can obtain information concerning the existence and location of 
services, activities, and

[[Page 25]]

facilities that are accessible to and usable by handicapped persons.

(The information collection requirements contained in paragraph (e) have 
been approved by the Office of Management and Budget under control 
number 2900-0414)

[45 FR 63268, Sept. 24, 1980, as amended at 49 FR 32574, Aug. 15, 1984]