28 CFR 42.712 - Exception; normal operation or statutory objective.
(a) A recipient may take an action that would otherwise be prohibited by § 42.710(a), if such action reasonably takes age into account as a factor necessary to the normal operation of or the achievement of any statutory objective of the program or activity.
(1) Normal operation refers to the operation of a program or activity without significant changes that would impair its ability to meet its objectives.
(2) A statutory objective of a program or activity is a purpose that is expressly stated in a federal or state statute or a local statute or ordinance adopted by an elected, general-purpose body.
(2) The other characteristic must be measured or approximated in order to continue the normal operation of the program or activity or to achieve any statutory objective of the program;
Title 28 published on 2014-07-01
no entries appear in the Federal Register after this date.