28 C.F.R. § 41.4

Issuance of agency regulations

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(a) Each agency shall issue, after notice and opportunity for comment, a regulation to implement section 504 with respect to the programs and activities to which it provides assistance. The regulation shall be consistent with this part.

(b) Each agency shall issue a notice of proposed rulemaking no later than 90 days after the effective date of this part. Each agency shall issue a final regulation no later than 135 days after the end of the period for comment on its proposed regulation: Provided, That the agency shall submit its proposed final regulation to the Assistant Attorney General, Civil Rights Division, Department of Justice, for review at least 45 days before it is to be issued.

(1) Define appropriate terms, consistent with the definitions set forth in § 41.3 and with the standards for determining who are handicapped persons set forth in subpart B of this part; and

(2) Prohibit discriminatory practices against qualified handicapped persons in employment and in the provision of aid, benefits, or services, consistent with the guidelines set forth in subpart C of this part.

The regulation shall include, where appropriate, specific provisions adapted to the particular programs and activities receiving financial assistance from the agency. [43 FR 2132, Jan. 13, 1978. Redesignated and amended at 46 FR 40686, 40687, Aug. 11, 1981]

Notes of Decisions

Cited in 8 cases, 1957–2019 · leading case: David E. Moore, an Individual v. Sun Bank of North Florida, N.A. A Florida Corp., 923 F.2d 1423 (11th Cir. 1991).

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David E. Moore, an Individual v. Sun Bank of North Florida, N.A. A Florida Corp., 923 F.2d 1423 (11th Cir. 1991). “28 C.F.R. § 41.4 (c)(1) (1990). . Id. . 13 C.”

Helen L. v. DiDario, 46 F.3d 325 (3rd Cir. 1995). “” 28 C.F.R. § 41.1 . A subsequent section requires all federal agencies to issue regulations “to implement section 504 with respect to programs and activities to which it provides assistance.”

Three Rivers Ctr. for Indep. Living, Inc. v. Hous. Auth., 382 F.3d 412 (3rd Cir. 2004). · cites it 2× “That brings us to the question on which this appeal hinges: What is the precise relationship between the right of action under Section 504 and the HUD regulations? There is a universe of three possibilities.”

Disabled in Action of Pennsylvania v. Pierce, 606 F. Supp. 310 (E.D. Pa. 1985). “” 28 C.F.R. § 41.4 (a). In implementing their regulations, agencies are to consult with the [ATBCB] in developing requirements for the accessibility of new facilities and alterations, as required in [28 C.”

Greater Los Angeles Council on Deafness, Inc. v. Cmty. Television, 719 F.2d 1017 (9th Cir. 1983). “28 C.F.R. § 41.4 (1981); see also Community Television v.”

Ass'n of Lithuanian Workers v. Brownell, 247 F.2d 64 (D.C. Cir. 1957). “…necessary that I reach the question and so I do not. . 18 Fed.Reg. 2620 (1953), 28 C.F.R. § 41.3 (Supp.1955). . Id., 28 C.F.R. § 41.4 .”

Nat'l Ass'n of the Deaf v. Harvard Univ. (D. Mass. 2019). “28 C.F.R. § 41.4 (a). in or benefit from the aid, benefit, or service that is not equal to that afforded others;” and providing a qualified handicapped person with an “aid, benefit, or service that is not as effective … as that provided to others.”

Ass'n of Lithuanian Workers v. Herbert Brownell, Jr., Attorney Gen. of the United States, Am. Lithuanian Workers Literary Ass'n, Inc. v. Herbert Brownell, Jr., Attorney Gen. of the United States, 247 F.2d 64 (D.C. Cir. 1957). “…Inc. v....">100 U.S.App.D.C. 116 , 243 F.2d 222 1 18 Fed.Reg. 2620 (1953), 28 C.F.R. 41.3 (Supp.1955) 2 Id., 28 C.F.R. 41.4”

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