(a) General. The Department shall operate such program or activity
so that the program or activity, when viewed in its entirety, is readily
accessible to and usable by individuals with handicaps. This paragraph
does not--
(1) Necessarily require the Department to make each of its existing
facilities accessible to and usable by individuals with handicaps;
(2) Require the Department 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.
(b)(1) If a Department official believes that the proposed action
would fundamentally alter the program or activity or would result in
undue financial and administrative burdens, the official shall prepare a
report for the Secretary of Labor which objectively considers and
evaluates these issues based on the nature of the program and all
departmental resources available for use in the funding and operation of
the conducted program or activity. In preparing the report, the
Department official shall make reasonable efforts to ensure that the
person(s) requesting accommodation in the particular program or activity
has an opportunity to provide any relevant information. The report shall
specifically address any such information. Upon completion, the report
and all information before the program official shall be transmitted to
the Secretary for a decision to be made in accordance with paragraph
(b)(2) of this section.
(2) The Secretary shall decide, after considering the material
submitted by the program official and all departmental resources
available for use in the funding and operation of the conducted program
or activity, whether the proposed action would fundamentally alter the
program or result in undue financial and administrative burdens. A
decision that compliance would result in such alteration or burdens must
be accompanied by a written statement of the reasons for reaching that
conclusion and shall be transmitted to the person(s) requesting
accommodation. This decision represents the final administrative action
of the Department.
(3) The Department has the burden of proving that compliance with
paragraph (a) of this section would result in such alteration or undue
burdens.
(c) If an action would result in such an alteration or such burdens,
the Department shall take any other action that would not result in such
an alteration or such a burden but would nevertheless ensure that
qualified individuals with handicaps receive the benefits and services
of the program or activity.
(d) Methods. The Department may comply with the requirements of this
section through such means as redesign of equipment, reassignment of
services to accessible buildings, assignment of aides to beneficiaries,
home visits, delivery of services at alternate accessible sites,
alteration of existing facilities and construction of new facilities,
use of accessible rolling stock, or any other methods that result in
making its programs or activities readily accessible to and usable by
individuals with handicaps. The Department is not required to make
structural changes in existing facilities where other methods are
effective in achieving compliance with this section. Alterations to
existing buildings shall be made in accordance with the provisions of
Sec. 33.10 of this part. In choosing among available methods for meeting
the requirements of this section, the Department shall give priority to
those methods that offer programs and activities to qualified
individuals with handicaps in the most integrated setting appropriate.
(e) Time period for compliance. The Department shall comply with the
obligations established under this section within sixty days of the
effective date of this part except that where structural changes in
facilities are undertaken, such changes shall be made within three years
of the effective date of this part, but in any event as expeditiously as
possible.
(f) Transition plan. In the event that structural changes to
facilities will be undertaken to achieve program accessibility, the
Department shall develop, within six months of the effective date of
this part, a transition plan setting forth the steps necessary to
complete such changes. The plan shall be developed with the assistance
of interested persons, including individuals with handicaps and
organizations representing individuals with handicaps. A copy of the
transition plan shall be made available for public inspection. The plan
shall, at a minimum--
(1) Identify physical obstacles in the Department's facilities that
limit the accessibility of its programs or activities to individuals
with handicaps;
(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
compliance with this section 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;
(4) Indicate the official responsible for implementation of the
plan; and
(5) Identify the persons or groups with whose assistance the plan
was prepared.
[52 FR 11606, Apr. 9, 1987; 52 FR 23967, June 26, 1987]
