For purposes of this subpart, the following definitions
apply:
(a) Auxiliary aids means services or devices
that enable persons with impaired sensory, manual, or speaking skills
to have an equal opportunity to participate in, and enjoy the benefits
of, programs or activities conducted by the Board. For example, auxiliary
aids useful for persons with impaired vision include readers, Brailled
materials, audio recordings, telecommunications devices, and other
similar services and devices. Auxiliary aids useful for persons with
impaired hearing include telephone handset amplifiers, telephones
compatible with hearing aids, telecommunication devices for deaf persons
(TDDs), interpreters, note takers, written materials, and other similar
services and devices.
(b) Complete complaint means a
written statement that contains the complainant’s name and address
and describes the Board’s alleged discriminatory action in sufficient
detail to inform the Board of the nature and date of the alleged violation.
It shall be signed by the complainant or by someone authorized to
do so on his or her behalf. Complaints filed on behalf of classes
or third parties shall describe or identify (by name, if possible)
the alleged victims of discrimination.
(c) Facility means
all or any portion of buildings, structures, equipment, roads, walks,
parking lots, rolling stock or other conveyances, or other real or
personal property.
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(d) Person with a disability means any person
who has a physical or mental impairment that substantially limits
one or more major life activities, has a record of such an impairment,
or is regarded as having such an impairment. As used in this definition,
the phrase—
(1) physical
or mental impairment includes—
(i) any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one of more of
the following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary; hemic and lymphatic; skin;
and endocrine; or
(ii) any mental
or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities.
The term physical or mental impairment includes, but is not limited
to, such diseases and conditions as orthopedic, visual, speech, and
hearing impairments, cerebral palsy, epilepsy, muscular dystrophy,
multiple sclerosis, cancer, heart disease, diabetes, mental retardation,
emotional illness, and drug addiction and alcoholism.
(2) major life activities includes
functions such as caring for one’s self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.
(3) has a record of such an impairment means has a history of, or has been misclassified as having, a mental
or physical impairment that substantially limits one or more major life activities.
(4) is regarded as having an impairment means—
(i) has
a physical or mental impairment that does not substantially limit
major life activities but is treated by the Board as constituting
such a limitation;
(ii) has a
physical or mental impairment that substantially limits major life
activities only as a result of the attitudes of others toward such
impairment; or
(iii) has none
of the impairments defined in paragraph (d)(1) of this section but
is treated by Board as having such an impairment.
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(e) Qualified person with a disability means—
(1) with respect to any Board program
or activity under which a person is required to perform services or
to achieve a level of accomplishment, a person with a disability who
meets the essential eligibility requirements and who can achieve the
purpose of the program or activity without modifications in the program
or activity that the Board can demonstrate would result in a fundamental
alteration in its nature; or
(2)
with respect to any other program or activity, a person with a disability
who meets the essential eligibility requirements for participation
in, or receipt of benefits from, that program or activity.
(3) Qualified individual with a disability is defined for purposes of employment in section 268.203(a)(6) of
this part, which is made applicable to this subpart by section 268.705.
