§  1.1850   Program accessibility: Existing facilities.

   (a) General. Except as otherwise provided in this paragraph, the
   Commission shall operate each program or activity so that the program
   or activity, when viewed in its entirety, is readily accessible to and
   usable by individuals with disabilities. This paragraph does not—

   (1) Necessarily require the Commission to make each of its existing
   facilities accessible to and usable by individuals with disabilities;

   (2) Require the Commission to take any action that it can demonstrate
   would result in a fundamental alteration in the nature of a program or
   activity, or in undue financial and administrative burdens. In those
   circumstances where Commission personnel believe that the proposed
   action would fundamentally alter the program or activity or would
   result in undue financial and administrative burdens, the Commission
   has the burden of proving that compliance with §  1.1850(a) would result
   in such alteration or burdens. The decision that compliance would
   result in such alteration or burdens must be made by the Managing
   Director, in consultation with the Section 504 Officer, after
   considering all Commission resources available for use in the funding
   and operation of the conducted program or activity, and must be
   accompanied by a written statement of the reasons for reaching that
   conclusion. If an action would result in such an alteration or such
   burdens, the Commission shall take any other action that would not
   result in such an alteration or such burdens but would nevertheless
   ensure that individuals with disabilities receive the benefits and
   services of the program or activity.

   (b) Methods. The Commission may comply with the requirements of this
   section through such means as the redesign of equipment, reassignment
   of services to accessible buildings, assignment of aides to
   beneficiaries, home visits, delivery of services at alternate
   accessible sites, alteration of existing facilities and construction of
   new facilities, or any other methods that result in making its programs
   or activities readily accessible to and usable by individuals with
   disabilities. The Commission is not required to make structural changes
   in existing facilities where other methods are effective in achieving
   compliance with this section. The Commission, in making alterations to
   existing buildings, shall meet accessibility requirements to the extent
   compelled by the Architectural Barriers Act of 1968, as amended (42
   U.S.C. 4151-4157), and any regulations implementing it. In choosing
   among available methods for meeting the requirements of this section,
   the Commission shall give priority to those methods that offer programs
   and activities to qualified individuals with disabilities in the most
   integrated setting appropriate.

   (c) Time period for compliance. The Commission shall comply with the
   obligations established under this section within sixty (60) days of
   the effective date of this subpart, except that where structural
   changes in facilities are undertaken, such changes shall be made within
   three (3) years of the effective date of this part.

   (d) Transition plan. In the event that structural changes to facilities
   will be undertaken to achieve program accessibility, the Commission
   shall develop, within six (6) months of the effective date of this
   subpart, a transition plan setting forth the steps necessary to
   complete such changes. The Commission shall provide an opportunity to
   interested persons, including individuals with disabilities or
   organizations representing individuals with disabilities, to
   participate in the development of the transition plan by submitting
   comments (both oral and written). A copy of the transitional plan shall
   be made available for public inspection. The plan shall, at a minimum—

   (1) Identify physical obstacles in the Commission's facilities that
   limit the accessibility of its programs or activities to individuals
   with disabilities;

   (2) Describe in detail the methods that will be used to make the
   facilities accessible;

   (3) Specify the schedule for taking the steps necessary to achieve
   compliance with this section and, if the time period of the transition
   plan is longer than one (1) year, identify steps that will be taken
   during each year of the transition period; and

   (4) Indicate the official responsible for implementation of the plan.

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