28 CFR 35.139 - Direct threat.

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§ 35.139 Direct threat.
(a) This part does not require a public entity to permit an individual to participate in or benefit from the services, programs, or activities of that public entity when that individual poses a direct threat to the health or safety of others.
(b) In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
[AG Order No. 3180-2010, 75 FR 56180, Sept. 15, 2010]

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  • 2012-05-21; vol. 77 # 98 - Monday, May 21, 2012
    1. 77 FR 30174 - Amendment of Americans With Disabilities Act Title II and Title III Regulations To Extend Compliance Date for Certain Requirements Related to Existing Pools and Spas Provided by State and Local Governments and by Public Accommodations
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      DEPARTMENT OF JUSTICE, Civil Rights Division
      Final rule.
      Effective Date: This rule will take effect on May 21, 2012.
      28 CFR Parts 35 and 36

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