§  1.1830   General prohibitions against discrimination.

   (a) No qualified individual with a disability shall, on the basis of
   disability, be excluded from participation in, be denied the benefits
   of, or otherwise be subjected to discrimination under any program or
   activity conducted by the Commission.

   (b) Discriminatory actions prohibited.

   (1) The Commission, in providing any aid, benefit, or service, may not,
   directly or through contractual, licensing, or other arrangements, on
   the basis of disability—

   (i) Deny a qualified individual with a disability the opportunity to
   participate in or benefit from the aid, benefit, or service;

   (ii) Afford a qualified individual with a disability an opportunity to
   participate in or benefit from the aid, benefit, or service that is not
   equal to that afforded others;

   (iii) Provide a qualified individual with a disability with an aid,
   benefit, or service that is not as effective in affording equal
   opportunity to obtain the same result, to gain the same benefit, or to
   reach the same level of achievement as that provided to others;

   (iv) Provide different or separate aid, benefits, or services to
   individuals with disabilities or to any class of individuals with
   disabilities than is provided to others unless such action is necessary
   to provide qualified individuals with disabilities with aid, benefits,
   or services that are as effective as those provided to others;

   (v) Deny a qualified individual with a disability the opportunity to
   participate as a member of planning or advisory boards; or

   (vi) Otherwise limit a qualified individual with a disability in the
   enjoyment of any right, privilege, advantage, or opportunity enjoyed by
   others receiving the aid, benefit, or service.

   (2) The Commission may not deny a qualified individual with a
   disability the opportunity to participate in any program or activity
   even where the Commission is also providing equivalent permissibly
   separate or different programs or activities for persons with
   disabilities.

   (3) The Commission may not, directly or through contractual or other
   arrangements, utilize criteria or methods of administration—

   (i) That have the purpose or effect of subjecting qualified individuals
   with disabilities to discrimination on the basis of disability; or

   (ii) That have the purpose or effect of defeating or substantially
   impairing accomplishment of the objectives of a program or activity
   with respect to individuals with disabilities.

   (4) The Commission may not, in determining the site or location of a
   facility, make selections—

   (i) That have the purpose or effect of excluding individuals with
   disabilities from, denying them the benefits of, or otherwise
   subjecting them to discrimination under any program or activity
   conducted by the Commission; or

   (ii) That have the purpose or effect of defeating or substantially
   impairing the accomplishment of the objectives of a program or activity
   with respect to individuals with disabilities.

   (5) The Commission, in the selection of procurement contractors, may
   not use criteria that subject qualified individuals with disabilities
   to discrimination on the basis of disability.

   (6) The Commission may not administer a licensing or certification
   program in a manner that subjects qualified individuals with
   disabilities to discrimination on the basis of disability, nor may the
   Commission establish requirements for the programs or activities of
   licensees or certified entities that subject qualified individuals with
   disabilities to discrimination on the basis of disability. However, the
   programs or activities of entities that are licensed or certified by
   the Commission are not, themselves, covered by this part.

   (7) The Commission shall make reasonable modifications in policies,
   practices, or procedures when the modifications are necessary to avoid
   discrimination on the basis of disability, unless the Commission can
   demonstrate that making the modifications would fundamentally alter the
   nature of the program, service, or activity.

   (c) This part does not prohibit the exclusion of persons without
   disabilities from the benefits of a program limited by Federal statute
   or Executive order to individuals with disabilities, or the exclusion
   of a specific class of individuals with disabilities from a program
   limited by Federal statute or Executive order to a different class of
   individuals with disabilities.

   (d) The Commission shall administer programs and activities in the most
   integrated setting appropriate to the needs of qualified individuals
   with disabilities.

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