28 C.F.R. § 35.190

Designated agencies

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(a) The Assistant Attorney General shall coordinate the compliance activities of Federal agencies with respect to State and local government components, and shall provide policy guidance and interpretations to designated agencies to ensure the consistent and effective implementation of the requirements of this part.

(b) The Federal agencies listed in paragraph (b) (1) through (8) of this section shall have responsibility for the implementation of subpart F of this part for components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in the following functional areas.

(1) Department of Agriculture: All programs, services, and regulatory activities relating to farming and the raising of livestock, including extension services.

(2) Department of Education: All programs, services, and regulatory activities relating to the operation of elementary and secondary education systems and institutions, institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and libraries.

(3) Department of Health and Human Services: All programs, services, and regulatory activities relating to the provision of health care and social services, including schools of medicine, dentistry, nursing, and other health-related schools, the operation of health care and social service providers and institutions, including “grass-roots” and community services organizations and programs, and preschool and daycare programs.

(4) Department of Housing and Urban Development: All programs, services, and regulatory activities relating to state and local public housing, and housing assistance and referral.

(5) Department of Interior: All programs, services, and regulatory activities relating to lands and natural resources, including parks and recreation, water and waste management, environmental protection, energy, historic and cultural preservation, and museums.

(6) Department of Justice: All programs, services, and regulatory activities relating to law enforcement, public safety, and the administration of justice, including courts and correctional institutions; commerce and industry, including general economic development, banking and finance, consumer protection, insurance, and small business; planning, development, and regulation (unless assigned to other designated agencies); state and local government support services (e.g., audit, personnel, comptroller, administrative services); all other government functions not assigned to other designated agencies.

(7) Department of Labor: All programs, services, and regulatory activities relating to labor and the work force.

(8) Department of Transportation: All programs, services, and regulatory activities relating to transportation, including highways, public transportation, traffic management (non-law enforcement), automobile licensing and inspection, and driver licensing.

(c) Responsibility for the implementation of subpart F of this part for components of State or local governments that exercise responsibilities, regulate, or administer services, programs, or activities relating to functions not assigned to specific designated agencies by paragraph (b) of this section may be assigned to other specific agencies by the Department of Justice.

(d) If two or more agencies have apparent responsibility over a complaint, the Assistant Attorney General shall determine which one of the agencies shall be the designated agency for purposes of that complaint.

(e) When the Department receives a complaint directed to the Attorney General alleging a violation of this part that may fall within the jurisdiction of a designated agency or another Federal agency that may have jurisdiction under section 504, the Department may exercise its discretion to retain the complaint for investigation under this part.

[Order No. 1512-91, 56 FR 35716, July 26, 1991, as amended by AG Order No. 3180-2010, 75 FR 56184, Sept. 15, 2010]

Notes of Decisions

Cited in 17 cases (3 in the last 5 years), 1993–2022 · leading case: Lovell v. Chandler, 303 F.3d 1039 (9th Cir. 2002).

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Lovell v. Chandler, 303 F.3d 1039 (9th Cir. 2002). “See also 28 C.F.R. § 35.190 (b)(3) (charging the DHHS with implementing Title II compliance procedures for programs relating to the provision of health care and social services).”

Armstrong v. Wilson, 942 F. Supp. 1252 (N.D. Cal. 1996). · cites it 2× “28 C.F.R. § 35.190 (b)(6). The Court finds that the expansive language of the ADA together with the DOJ’s regulations which it promulgated pursuant to a specific Congressional delegation of authority, lead to the conclusion that the ADA is applicable to state correctional…”

Anderson v. Dep't of Pub. Welfare, 1 F. Supp. 2d 456 (E.D. Pa. 1998). “28 C.F.R. § 35.190 (b)(3) (1997) (designating the Department of Health and Human Services as agency responsible for implementing Title II compliance procedures applicable to all programs ! 'relating to the provision of- health care and social services, .”

Sellers v. Univ. of Rio Grande, 838 F. Supp. 2d 677 (S.D. Ohio 2012). “See 28 C.F.R. § 35.190 (a)(2). One of the regulations pertinent to this case is 34 C.”

Niece v. Fitzner, 941 F. Supp. 1497 (E.D. Mich. 1996). “” 28 C.F.R. § 35.190 (b)(6) (1995) (emphasis added); see also 28 C.”

Kaufman v. Carter, 952 F. Supp. 520 (W.D. Mich. 1996). “28 C.F.R. § 35.190 (b)(6) (1995) (emphasis added).”

Rouse v. Plantier, 987 F. Supp. 302 (D.N.J. 1997). “Plaintiffs’ citation of 28 C.F.R. § 35.190 (b)(6) (delegating responsibility for implementation of regulations relating to ADA to Department of Justice for "[a]ll programs, services, and regulatory activities relating to,” inter alia, "correctional institutions”) as a basis for…”

Bullock v. Gomez, 929 F. Supp. 1299 (C.D. Cal. 1996). “190 (b)(6) provides that the DOJ is responsible for the implementation of the ADA’s compliance procedures for components of State and local government programs and services that relate to law en *1303 foreement, “including courts and correctional institutions[.”

Jane Doe v. Osseo Area Sch. Dist., 296 F. Supp. 3d 1090 (D. Me. 2017). “See 28 C.F.R. § 35.190 (a)(2). Therefore, the OCR decisions cited by the School District are entitled to at least some deference, further underscoring the legality of the causation standard used by the School District in the November 21, 2016 meeting.”

Herndon v. Johnson, 970 F. Supp. 703 (E.D. Ark. 1997). “28 C.F.R. § 35.190 (b)(6) (1995) (emphasis added).”

Amos v. Maryland Dept. of Pub. Saf., 126 F.3d 589 (4th Cir. 1997). “” 28 C.F.R. § 35.190 (b)(6) (1996). The preamble to the ADA regulations also states that “[a] public entity is not .”

Billy Williams v. Eric Holder, 621 F. App'x 768 (5th Cir. 2015). “He also claimed that the Assistant Attorney General violated 28 C.F.R. § 35.190 (a) by failing to provide proper guidance to the U.”

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— 28 C.F.R. § 35.190(b)(6) — 1 case

Foster v. Muir (S.D.N.Y. 2021).

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