Thread Subject: Undue Burden
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From: Jim Tobias
Date: Thu, Nov 16 2006 12:15 PM
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I think we might all agree that any guidance materials on the concept of
"undue burden" should include examples of claims that were accepted, denied,
etc. This would provide the best possible guidance to those seeking to
understand what their responsibilities are. I asked at the last
face-to-face meeting about the public record of claims, contentions, and
resolutions regarding "undue burden", but didn't hear an answer beyond "we
don't have as much as you think we might, or should". So I have the
1. Is there a compendium anywhere of any number of cases in which undue
burden was claimed, and what the resolution was?
2. If there is no such compendium, do we want to recommend that one be
created, to help manage implementation?
3. Are individual agencies reserving the right to define how the concept
applies to them?
4. What is the role of the Dept. of Justice in coordinating a common,
enforceable set of practices for this concept in the context of 508?
5. Is there any overarching program for indexing federal purchases that 508
could fit into? That is, is there a program that keeps track of everything
the feds buy, for some general purpose like cost containment, or a specific
purpose, like energy efficiency?
Thanks for any information you can provide.
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