28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services (2010 ADA Title II Regulations with amendments issued through Aug. 2016)

§ 35.139 Direct threat. (Section-by-Section Analysis)

In Appendix A of the Department's 1991 title II regulation, the Department included a detailed discussion of ‘‘direct threat'' that, among other things, explained that ‘‘the principles established in § 36.208 of the Department's [title III] regulation'' were ‘‘applicable'' as well to title II, insofar as ‘‘questions of safety are involved.'' 28 CFR part 35, app. A at 565 (2009). In the final rule, the Department has included specific requirements related to ‘‘direct threat'' that parallel those in the title III rule. These requirements are found in new § 35.139.