[blindlaw] DOJ ADA proposed regulations withdrawn from OMBreview

[Patrick H. Stiehm]

This is all SOP for any incoming administration, especially where there
is a change of the party in power.

Patrick H. Stiehm
Stiehm Law Office
Alexandria, VA 22309
703-360-1089 (Voice)
703-935-8266 (Fax)

 
On Mon, 26 Jan 2009 19:59:17 -0500 "Craig Borne" <cjborne at comcast.net>
writes:
> 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 Subject: Re: [blindlaw] DOJ ADA proposed regulations withdrawn from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 Subject: [blindlaw] DOJ ADA proposed regulations withdrawn from OMB 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 Proposed ADA Regulations Withdrawn from OMB Review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 Management and Budget (OMB) that the Department has withdrawn its 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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lob
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> 
> 
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