(1) A public
accommodation may be necessary to ensure that no individual with a disability
can be excluded, denied services, segregated or otherwise treated differently
than other individuals because of the absence of auxiliary aids and services,
unless the accommodation would fundamentally alter the nature of the goods,
services, facilities, privileges, advantages, or accommodations being offered
or would result in an undue burden, i.e., significant difficulty or expense.
The term "auxiliary aids and services'' includes:
(a) Qualified interpreters, notetakers,
computer-aided transcription services, written materials, foreign language
interpreters, telephone handset amplifiers, assistive listening devices,
assistive listening systems, telephones compatible with hearing aids, closed
caption decoders, open and closed captioning, telecommunications devices for
deaf persons (TDD's), videotext displays, or other effective methods of making
aurally delivered materials available to individuals with hearing
impairments;
(b) Qualified readers,
taped texts, audio recordings, brailled materials, large print materials, or
other effective methods of making visually delivered materials available to
individuals with visual impairments;
(c) Acquisition or modification of equipment
or devices; and
(d) Other similar
services and actions.
(2) VR will not assume the responsibility of
other programs or vendors, such as post-secondary training institutions,
community rehabilitation programs, physicians, psychologists, and placement
agencies for providing auxiliary aids and services for public accommodation
requirements.
Notes
Tenn. Comp. R. & Regs. 1240-08-05-.05
Original rule filed September 30, 1985; effective October 30, 1985.
Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new
rule filed June 30, 2009; effective September 13, 2009. Repeal filed October 5,
2017; effective January 3, 2018. New rule filed February 29, 2024; effective
5/29/2024.
Authority: T.C.A. §§
4-5-202,
49-11-601, et seq., 49-11-701, et
seq., 49-11-801, et seq., 71-1-104, and 71-1-105(a)(12);
29 U.S.C. §§
720, et seq.;
28 CFR
36.303;
34 C.F.R. §
361.5; and Executive Order No. 43
(1983).