\365\365 102.152-102.159 3 CFR Ch. I (1-1-2007 Edition) apply to buildings covered by this sec- that compliance with \365102.160 would re- rich. sult in such alteration or burdens. The decision that compliance would result \3658102.152-102.159 [Reserved] in such alteration or burdens must be 8102.160 Communications. made by the agency head or his or her designee after considering all agency (a) The agency shall take appropriate resources available for use in the fund- steps to ensure effective coremunica- ing and operation of the conducted pro- tion with applicants, participants, per- gram or activity and must be accom- sonnel of other Federal entities, and panled by a written statement of the members of the public. reasons for reaching that conclusion. If (1) The agency shall furnish appro- an action required to comply with this priate auxiliary aids where necessary to afford an individual with handicaps section would result in such an alter- an equal opportunity to participate in, ation or such burdens, the agency shall take any other action that would not and enjoy the benefits of, a program or activity conducted by the agency. result in such an alteration or such (i) In determining what type of auxil- burdens but would nevertheless ensure iary aid is necessary, the agency shall that, to the maximum extent possible, give primary consideration to the re- individuals with handicaps receive the quests of the individual with handi- benefits and services of the program or caps. activity. (ii) The agency need not provide indi- vidually prescribed devices, readers for 88102.161-102.169 [Reserved] personal use or study, or other devices of a personal nature. 8102.170 Compliance procedures. (2) Where the agency communicates (a) Except as provided in paragraph with applicants and beneficiaries by (b) of this section, this section applies telephone, telecommunication devices to all allegations of discrimination on for deaf persons (TDD's) or equally ef- the basis of handicap in programs and fective telecommunication systems activities conducted by the agency. shall be used to communicate with per- (b) The agency shall process com- sons with impaired hearing. plaints alleging violations of section (b) The agency shall ensure that in- 504 with respect to employment accord- terested persons, including persons ing to the procedures established by with impaired vision or hearing, can obtain information as to the existence the Equal Employment Opportunity Commission in 29 CFR part 1613 pursu- and location of accessible services, ac- tivities, and facilities. ant to section 501 of the Rehabilitation (c) The agency shall provide signage Act of 1973 (29 U.S.C. 791). at a primary entrance to each of its in- (c) The Director, Facilities Manage- accessible facilities, directing' users to ment, Office of Administration, Execu- a location at which they can obtain in- rive Office of the President, shall be re- formation about accessible facilities. sponsible for coordinating' implementa- The international symbol for accessi- tion of this section. Complaints may be bility shall be used at each primary en- sent to the Director at the following' trance of an accessible facility. address: Room 486, Old Executive Office (d) This section does not require the Building', 17th and Pennsylvania Ave. agency to take any action that it can NW., Washington, DC 20500. demonstrate would result in a funda- (d) The agency shall accept and in- mental alteration in the nature of a vestigate all complete complaints for program or activity or in undue finan- which it has jurisdiction. All complete cial and administrative burdens. In complaints must be filed within 180 those circumstances where agency per- days of the alleged act of discrimina- sonnel believe that the proposed action tion. The agency may extend this time would fundamentally alter the program period for good cause. or activity or would result in undue fi- nancial and administrative burdens, the agency has the burden of proving' 24O
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