§ 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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