Section 1240-08-05-.05 - AUXILIARY AIDS AND SERVICES(1) A public accommodation may be necessary to ensure that no individual with a disability can be excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the accommodation would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. The term "auxiliary aids and services'' includes: (a) Qualified interpreters, notetakers, computer-aided transcription services, written materials, foreign language interpreters, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments;(b) Qualified readers, taped texts, audio recordings, brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments;(c) Acquisition or modification of equipment or devices; and(d) Other similar services and actions.(2) VR will not assume the responsibility of other programs or vendors, such as post-secondary training institutions, community rehabilitation programs, physicians, psychologists, and placement agencies for providing auxiliary aids and services for public accommodation requirements.Tenn. Comp. R. & Regs. 1240-08-05-.05
Original rule filed September 30, 1985; effective October 30, 1985. Amendment filed July 12, 2002; effective September 25, 2002. Repeal and new rule filed June 30, 2009; effective September 13, 2009. Repeal filed October 5, 2017; effective January 3, 2018. New rule filed February 29, 2024; effective 5/29/2024.Authority: T.C.A. §§ 4-5-202, 49-11-601, et seq., 49-11-701, et seq., 49-11-801, et seq., 71-1-104, and 71-1-105(a)(12); 29 U.S.C. §§ 720, et seq.; 28 CFR 36.303; 34 C.F.R. § 361.5; and Executive Order No. 43 (1983).