§ 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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