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28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) (published 2008)

Note: This NPRM is part of the Corada Archives, as it was originally published to the Federal Register in 2008. The Department of Justice published final regulations on September 15, 2010, and the revised final rules went into effect on March 15, 2011. On August 11, 2016, a final rule was published that took effect on October 11, 2016, that revised the Title II regulations to implement the requirements of the ADA Amendments Act of 2008.

(h) Fees or surcharges.  A public entity shall not ask or require an individual with a disability to post a deposit, pay a fee or surcharge, or comply with other requirements not generally applicable to other citizens as a condition of permitting a service animal to accompany its handler in a public entity's facility, even if people accompanied by pets are required to do so.  If a public entity normally charges its citizens for damage that they cause, a citizen with a disability may be charged for damage caused by his or her service animal.

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