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Last revision:  July 26, 1991
 
 35.164  Duties.                                                       
  
     This subpart does not require a public entity to take any action  
 that it can demonstrate would result in a fundamental alteration in   
 the nature of a service, program, or activity or in undue financial   
 and administrative burdens.  In those circumstances where personnel of
 the public entity believe that the proposed action would fundamentally
 alter the service, program, or activity or would result in undue      
 financial and administrative burdens, a public entity has the burden  
 of proving that compliance with this subpart would result in such     
 alteration or burdens.  The decision that compliance would result in  
 such alteration or burdens must be made by the head of the public     
 entity or his or her designee after considering all resources         
 available for use in the funding and operation of the service,        
 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 subpart would result in such an alteration or such   
 burdens, a public entity shall take any other action that would not   
 result in such an alteration or such burdens but would nevertheless   
 ensure that, to the maximum extent possible, individuals with         
 disabilities receive the benefits or services provided by the public  
 entity.