[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR85.51]



[Page 390]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 85_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 

PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF HEALTH AND HUMAN 

SERVICES--Table of Contents

 

Sec.  85.51  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 to afford an individual with handicaps an equal opportunity to 

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

by the agency.

    (i) In determining what type of auxiliary aid is necessary, 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, telecommunications 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 signage 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 used at each primary 

entrance of an 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.  85.51 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 in 

question 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 an 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.