\365\365 102.152-102.159 3 CFR Ch. I (1-1-2003 Edition) apply to buildings covered by this sec- the agency has the burden of proving rich. that compliance with \365 102.160 would re- suit in such alteration or burdens. The \3658 102.152-102.159 [Reserved] decision that compliance would result 8 102.160 Communications. in such alteration or burdens must be made by the agency head or his or her (a) The agency shall take appropriate designee after considering all agency steps to ensure effective coremunica- resources available for use in the fund- tion with applicants, participants, per- sonnel of other Federal entities, and ing and operation of the conducted pro- members of the public. gram or activity and must be accore- (1) The agency shall furnish appro- panled by a written statement of the reasons for reaching that conclusion. If priate auxiliary aids where necessary to afford an individual with handicaps an action required to comply with this an equal opportunity to participate in, section would result in such an alter- and enjoy the benefits of, a program or ation or such burdens, the agency shall activity conducted by the agency. take any other action that would not (i) In determining what type of auxil- result in such an alteration or such iary aid is necessary, the agency shall burdens but would nevertheless ensure give primary consideration to the re- that, to the maximum extent possible, quests of the individual with handi- individuals with handicaps receive the caps. benefits and services of the program or (ii) The agency need not provide indi- activity. vidually prescribed devices, readers for personal use or study, or other devices 88 102.161-102.169 [Reserved] of a personal nature. (2) \177Vhere the agency communicates 8102.170 Compliance procedures. with applicants and beneficiaries by (a) Except as provided in paragraph telephone, telecommunication devices (b) of this section, this section applies for deaf persons (q\177DD's) or equally cf- tc all allegations of discrimination on fective telecommunication systems the basis of handicap in programs and shall be used to communicate with per- activities conducted by the agency. sons with impaired hearing. (b) The agency shall ensure that in- (b) The agency shall process com- terested persons, including persons plaints alleging violations of section with impaired vision or hearing, can 504 with respect to employment accord- obtain information as to the existence ing to the procedures established by and location of accessible services, ac- the Equal Employment Opportunity tivities, and facilities. Commission in 29 CFl\177 part 1613 pursu- (c) The agency shall provide signage ant to section 501 of the l\177ehabilitation at a primary entrance to each of its in- Act of 1973 (29 U.S.C. 791). accessible facilities, directing users to (c) The Director, Facilities Manage- a location at which they can obtain in- ment, Office of Administration, Execu- formation about accessible facilities. tive Office of the President, shall be re- The international symbol for accessi- sponsible for coordinating implementa- bility shall be used at each primary en- tion of this section. Complaints may be trance of an accessible facility. sent to the Director at the following (d) This section does not require the address: l\177oom 486, Old Executive Office agency to take any action that it can Building, 17th and Pennsylvania Ave. demonstrate would result in a funda- N\177V., \177Vashington, DC 20500. mental alteration in the nature of a program or activity or in undue finan- (d) The agency shall accept and in- cial and administrative burdens. In vestigate all complete complaints for which it has jurisdiction. All complete those circumstances where agency per- sonnel believe that the proposed action complaints must be filed within 180 would fundamentally alter the program days of the alleged act of discrimina- or activity or would result in undue fi- tion. The agency may extend this time nancial and administrative burdens, period for good cause.
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