8 CCR 1501-11.10 - [Effective 6/30/2025] Undue Hardship, Undue Burden, Fundamental Alteration, or Direct Threat

A. A public entity is not required to meet any of the compliance requirements in section 11.5 if doing so would result in an undue hardship, undue burden, fundamental alteration, or direct threat.

B. For public-facing ICT, where a public entity has concluded that compliance with section 11.5 would result in a fundamental alteration in the nature of a service, program, or activity, or an undue burden, said decision must be made by the head of the public entity or their designee after considering all available resources, and the extent to which conformance would impose significant difficulty or expense. The decision must be accompanied by a written statement of the reasons for reaching that conclusion. Undue burden determinations may include, but are not limited to the following:

1. The resources of the program, service, or activity are not readily available, or the use of such resources would fundamentally alter the nature of the program, service, or activity;

2. Contractual, legal, regulatory, or technical constraints prevent the modification of the program, service, or activity; or

3. When the necessary auxiliary aids or services are not feasibly available.

C. In determining whether compliance with section 11.5 would pose 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 the best available objective evidence, to ascertain:

1. the nature, duration, and severity of the risk;

2. the probability that the potential injury will actually occur; and

3. whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

Notes

8 CCR 1501-11.10

47 CR 06, March 25, 2024, effective 4/14/2024 48 CR 11, June 10, 2025, effective 6/30/2025