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Kim P. Nuckles
State ADA Coordinator

Building 1, Room E-119
1900 Kanawha Boulevard, East
Charleston, WV 25305

304-558-4331 x 57004 (Voice)
304-558-2999 (Fax)

Kim.P.Nuckles@wv.gov

 New ADAAG Approved

On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising the Department’s ADA regulations, including its ADA Standards for Accessible Design. These regulations will be published in the Federal Register. The revised regulations will amend the Department’s Title II regulation, 28 C.F.R. Part 35, and the Title III regulation, 28 C.F.R. Part 36. Appendix A to each regulation includes a section by section analysis of the rule and responses to public comments on the proposed rule. Appendix B to the Title III regulation discusses major changes in the ADA Standards for Accessible Design and responds to public comments received on the proposed rules. The Department’s Final Regulatory Impact Analysis will be posted on this page as soon as it is available.

In general, these final rules will take effect 6 months after the date on which they are published in the Federal Register. Compliance with the 2010 Standards for Accessible Design is permitted after that date, but not required until 18 months after the date of publication. The Department has prepared fact sheets identifying the major changes in the rules.

Title II: Final Rule amending 28 CFR Part 35: Nondiscrimination on the Basis of Disability in State and Local Government Services -- (HTML)

Text of Revised Final Title II Regulation. This revised title II regulation integrates the Department’s new regulatory provision with the text of the existing title II regulation that was unchanged by the 2010 revisions. The new language is in a bold typeface.


Title III: Final Rule amending 28 CFR Part 36: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities -- (HTML)

Text of Revised Final Title III Regulation. This revised title III regulation integrates the Department’s new regulatory provision with the text of the existing title III regulation that was unchanged by the 2010 revisions. The new language is in a bold typeface.


Appendix B to Final Title III Regulation:

Appendix B: Analysis of the 2010 ADA Standards (HTML) | PDF format