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departments must follow specific legal requirements that are set out in appropriation acts. however, when an agency sets out its general operating requirements in a rulemaking rather than by an agency order, it is important that the rulemaking be as informative as possible about the agency’s goals and objectives. the rules in this nprm were developed with this goal in mind, in order to provide additional information about the functions of the department in carrying out the requirements of the ada. the department has conducted prior rulemakings, and the information developed from these rulemakings was used as part of the development of the current rule. in addition, information and statistical data were used to support the determination that the rule would not have any significant impact on small businesses.
the department considered whether it has the authority to adopt regulations that are contrary to the statutes and laws that govern the programs and activities of programs specifically funded by the department.
references to prohibition against discrimination (pard) are included as a reference to establish the facts that there is a prohibition against discrimination within the statutory scheme, under which the acaa is administered by the department, and to demonstrate to the public that the department is aware of the scope of the prohibition against discrimination.
finally, commenters asked for clarification about the two-tier system, and whether the department intends to continue to use separate definitions for the classification of facilities in the proposed rule. there is no intent to apply different or conflicting standards in different classifications, but the department will address this issue when it revises the final rule, and will take into account comments received after publication of the proposal to the extent that they are pertinent to its final rule. one commenter believed the two-tier system is confusing and encourages discrimination. another commenter stated that the rationale for the two-tier classification is to protect the provider from possible ex post claims for fear of adverse publicity, or to avoid possible second-guessing of pre-existing judgments. although the department does not intend to extend its regulations to the classification of facilities, the department does intend to address in the final rule the proposed two-tier system, and any comment on the proposed two-tier system received in response to the proposal shall be addressed to the department as it prepares the final rule. (federal register/67 fr 43842)
departments must follow specific legal requirements that are set out in appropriation acts. however, when an agency sets out its general operating requirements in a rulemaking rather than by an agency order, it is important that the rulemaking be as informative as possible about the agency’s goals and objectives. the rules in this nprm were developed with this goal in mind, in order to provide additional information about the functions of the department in carrying out the requirements of the ada. the department has conducted prior rulemakings, and the information developed from these rulemakings was used as part of the development of the current rule. in addition, information and statistical data were used to support the determination that the rule would not have any significant impact on small businesses. the department considered whether it has the authority to adopt regulations that are contrary to the statutes and laws that govern the programs and activities of programs specifically funded by the department. references to prohibition against discrimination (pard) are included as a reference to establish the facts that there is a prohibition against discrimination within the statutory scheme, under which the acaa is administered by the department, and to demonstrate to the public that the department is aware of the scope of the prohibition against discrimination. finally, commenters asked for clarification about the two-tier system, and whether the department intends to continue to use separate definitions for the classification of facilities in the proposed rule. there is no intent to apply different or conflicting standards in different classifications, but the department will address this issue when it revises the final rule, and will take into account comments received after publication of the proposal to the extent that they are pertinent to its final rule. one commenter believed the two-tier system is confusing and encourages discrimination. another commenter stated that the rationale for the two-tier classification is to protect the provider from possible ex post claims for fear of adverse publicity, or to avoid possible second-guessing of pre-existing judgments. although the department does not intend to extend its regulations to the classification of facilities, the department does intend to address in the final rule the proposed two-tier system, and any comment on the proposed two-tier system received in response to the proposal shall be addressed to the department as it prepares the final rule. (federal register/67 fr 43842) 5ec8ef588b
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