17.160—Communications.
(a)
The agency shall take appropriate steps to
effectively communicate with applicants,
participants, personnel of other Federal entities,
and members of the public.
(1)
The agency shall furnish appropriate
auxiliary aids where necessary to afford an
individual with handicaps an equal opportunity to
participate in, and enjoy the benefits of, a
program or activity conducted by the agency.
(i)
In determining what type of auxiliary aid
is necessary, the agency shall give primary
consideration to the requests of the individual
with handicaps.
(ii)
The agency need not provide individually
prescribed devices, readers for personal use or
study, or other devices of a personal nature to
applicants or participants in programs.
(2)
Where the agency communicates with
applicants and beneficiaries by telephone, the agency shall use
telecommunication devices for deaf persons (TDD's)
or equally effective telecommunication systems to
communicate with persons with impaired
hearing.
(b)
The agency shall make available to
interested persons, including persons with
impaired vision or hearing, information as to the
existence and location of accessible services,
activities, and facilities.
(c)
The agency shall post notices at a primary
entrance to each of its inaccessible facilities,
directing users to an accessible facility, or to a
location at which they can obtain information
about accessible facilities. The international
symbol for accessibility shall be used at each
primary entrance of an accessible facility.
(d)
This section does not require the agency to
take any action that it can demonstrate would
result in a fundamental alteration in the nature
of a program or activity or in undue financial and
administrative burdens.
In those circumstances where agency personnel
believe that the proposed action would
fundamentally alter the program or activity or
would result in undue financial and administrative
burdens, the agency has the burden of proving that
compliance with § 17.160 would result in such
alteration or burdens. The decision that
compliance would result in such alteration or
burdens must be made by the agency head or his or
her designee after considering all resources
available for use in the funding and operation of
the conducted program or activity and must be
accompanied by a written statement of the reasons
for reaching that conclusion. If an action
required to comply with this section would result
in such an alteration or such burdens, the agency
shall take any other action that would not result
in such an alteration or such burdens but would
nevertheless ensure that, to the maxium extent
possible, individuals with handicaps receive the
benefits and services of the program or
activity.