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[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR36.303]

[Page 548-549]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 36--NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES--Table of Contents
 
                    Subpart C--Specific Requirements
 
Sec. 36.303  Auxiliary aids and services.

    (a) General. A public accommodation shall take those steps that may 
be necessary to ensure that no individual

[[Page 549]]

with a disability is excluded, denied services, segregated or otherwise 
treated differently than other individuals because of the absence of 
auxiliary aids and services, unless the public accommodation can 
demonstrate that taking those steps would fundamentally alter the nature 
of the goods, services, facilities, privileges, advantages, or 
accommodations being offered or would result in an undue burden, i.e., 
significant difficulty or expense.
    (b) Examples. The term ``auxiliary aids and services'' includes--
    (1) Qualified interpreters, notetakers, computer-aided transcription 
services, written materials, telephone handset amplifiers, assistive 
listening devices, assistive listening systems, telephones compatible 
with hearing aids, closed caption decoders, open and closed captioning, 
telecommunications devices for deaf persons (TDD's), videotext displays, 
or other effective methods of making aurally delivered materials 
available to individuals with hearing impairments;
    (2) Qualified readers, taped texts, audio recordings, Brailled 
materials, large print materials, or other effective methods of making 
visually delivered materials available to individuals with visual 
impairments;
    (3) Acquisition or modification of equipment or devices; and
    (4) Other similar services and actions.
    (c) Effective communication. A public accommodation shall furnish 
appropriate auxiliary aids and services where necessary to ensure 
effective communication with individuals with disabilities.
    (d) Telecommunication devices for the deaf (TDD's). (1) A public 
accommodation that offers a customer, client, patient, or participant 
the opportunity to make outgoing telephone calls on more than an 
incidental convenience basis shall make available, upon request, a TDD 
for the use of an individual who has impaired hearing or a communication 
disorder.
    (2) This part does not require a public accommodation to use a TDD 
for receiving or making telephone calls incident to its operations.
    (e) Closed caption decoders. Places of lodging that provide 
televisions in five or more guest rooms and hospitals that provide 
televisions for patient use shall provide, upon request, a means for 
decoding captions for use by an individual with impaired hearing.
    (f) Alternatives. If provision of a particular auxiliary aid or 
service by a public accommodation would result in a fundamental 
alteration in the nature of the goods, services, facilities, privileges, 
advantages, or accommodations being offered or in an undue burden, i.e., 
significant difficulty or expense, the public accommodation shall 
provide an alternative auxiliary aid or service, if one exists, that 
would not result in an alteration or such burden but would nevertheless 
ensure that, to the maximum extent possible, individuals with 
disabilities receive the goods, services, facilities, privileges, 
advantages, or accommodations offered by the public accommodation.


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