[blindlaw] DOJ ADA proposed regulations withdrawn from OMBreview

[Craig Borne]

Not exactly.  These regs were for Title II and III; the Amendments Act was
primarily Title I (Employment).  The reason behind this was purely to allow
the new administration the opportunity to review all proposed regs that were
still in the pipeline, not just the ADA related regs.  The regs pertaining
to the Amendments Act have not yet been written, let alone proposed and sent
to OMB for review.

Hope this helps,
Craig

Craig Borne
Baltimore, Maryland
"A long habit of not thinking a thing wrong, gives it a superficial
appearance of being right, and raises at first a formidable outcry in
defense of custom."  --Thomas Paine, Common Sense

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of ckrugman at sbcglobal.net
Sent: Monday, January 26, 2009 5:15 PM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] DOJ ADA proposed regulations withdrawn from
OMBreview

Apparently, the basis for this was that prior to leaving office the Bush 
Administration was proposing regulations that would have if implemented 
subverted the intent of the ADA Restoration Act. This now according to my 
understanding means that the the ADA Restoration Act now totally applies 
based on the intent that was meant by Congress when it was passed in the 
fall.
Charles L. Krugman, M.S.W., Paralegal
1237 P Street
Fresno ca 93721
559-266-9237
----- Original Message ----- 
From: "McCarthy, Jim" <JMcCarthy at nfb.org>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Monday, January 26, 2009 11:59 AM
Subject: [blindlaw] DOJ ADA proposed regulations withdrawn from OMB review


>I thought this would be of interest to many on this list.  I don't know
> any more about it than what is stated in the text that follows.
> Proposed ADA Regulations Withdrawn from OMB Review
>
>
>
> On January 21, 2009, the Department of Justice notified the Office of
> Management and Budget (OMB) that the Department has withdrawn its draft
> final rules to amend the Department's regulations implementing title II
> and title III from the OMB review process. This action was taken in
> response to a memorandum from the President's Chief of Staff directing
> the Executive Branch agencies to defer publication of any new
> regulations until the rules are reviewed and approved by officials
> appointed by President Obama. No final action will be taken by the
> Department with respect to these rules until the incoming officials have
> had the opportunity to review the rulemaking record. Incoming officials
> will have the full range of rule-making options available to them under
> the Administrative Procedure Act.
>
> Withdrawal of the draft final rules does not affect existing ADA
> regulations. Title II and title III entities must continue to follow the
> Department's existing ADA regulations, including the ADA Standards for
> Accessible Design.
>
> Jim McCarthy
>
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