104 KAR 1:100.
Nondiscrimination on the basis of disability by a place of public
accommodations, licensing agencies and trade organizations.
RELATES TO: KRS
344.050, 344.060, 344.120, 344.130, 344.500, 28 C.F.R. 36
STATUTORY
AUTHORITY: KRS 12.290, 344.190(14), 28 C.F.R. 36, 42 U.S.C. 12181
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 344.190(14) requires the Kentucky Commission on
Human Rights to prescribe administrative regulations to effectuate the purposes
and provisions of the Kentucky Civil Rights Act. This administrative regulation
provides that all places of public accommodation be designed and constructed so
as to be readily accessible to and usable by persons with disabilities. In
addition, examinations or courses related to licensing or certification for
professional and trade purposes shall be accessible to persons with
disabilities.
Section 1. 28
CFR Part 36, 56 FR 355.43, January 26, 1992, is adopted without change and
supplements Title III of the Americans with Disabilities Act, which extends the
prohibitions against disabilities discrimination to privately operated public
accommodations and commercial facilities. It further requires that examinations
or courses related to licensing or certification for professional and trade
purposes be accessible to the disabled. This administrative regulation was
promulgated by the U.S. Department of Justice and is enforced by the Kentucky
Commission on Civil Rights.
Section 2.
Material Adopted Without Change. The following material is adopted without change:
(1)
"Nondiscriminatory on the Basis of Disability by Public Accommodations and
in Commercial Facilities" - 28 CFR 36, 56 Federal Register 35543, January
26, 1992.
(2) This
material may be inspected, copied, or obtained:
(a) At the
offices of the Kentucky Commission on Human Rights, The Heyburn Building, Suite
700, 332 West Broadway, Louisville, Kentucky 40202; or
(b) By calling:
1. (502)
595-4024;
2. (800)
292-5566;
3. (502)
595-4084, (TDD), for the hearing impaired;
4. Kentucky
Relay Service, (800) 648-6056 (TTY/TDD).
(c) The material
may also be obtained directly from the Office of The Americans With
Disabilities Act at (202) 514-0301 (voice), (202) 414-0381 (TDD), or (202)
514-6193 (electronic bulletin board) in the following alternative formats:
1. Large print;
2. Braille;
3. Electronic
file on computer disk;
4. Audio-tape.
(19 Ky.R. 2158; Am. 2397; eff. 5-10-93.)