[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1214.160]



[Page 47-48]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1214_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP 

IN PROGRAMS OR ACTIVITIES CONDUCTED BY ACTION--Table of Contents

 

Sec. 1214.160  Communications.



    (a) The agency shall take appropriate steps to ensure effective 

communication with applicants, participants, personnel of other Federal 

entities, and members of the public.

    (1) The agency shall furnish appropriate auxiliary aids where 

necessary



[[Page 48]]



to afford an individual with handicaps an equal opportunity to 

participate in, and enjoy the benefits of, a program or activity 

conducted by the agency.

    (i) In determining what type of auxiliary aid will be provided, the 

agency shall give primary consideration to the requests of the 

individual with handicaps.

    (ii) The agency need not provide individually prescribed devices, 

readers for 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 a sign 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 displayed at each primary entrance to 

each 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 Sec. 1214.160 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 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.