41-1492.06. Rules

A. Not more than one year after the effective date of this article, the attorney general shall adopt rules pursuant to chapter 6 of this title to carry out the intent of this article. The attorney general shall hold a reasonable number of public hearings at locations throughout the state prior to adoption of these rules. The attorney general shall publish the proposed rules and provide opportunity to receive testimony and written comments before adoption of the rules. The attorney general may request and receive appropriate technical assistance.

B. Compliance with titles II and III of the Americans with disabilities act and its implementing regulations shall be deemed in compliance with this article. The rules adopted under this article shall not exceed the regulations, guidelines and standards issued by the United States departments of transportation and justice relating to titles II and III of the Americans with disabilities act. No rule or amendment to a rule may be adopted without prior public hearing, prior publication, and opportunity to receive testimony and written comments.

C. The attorney general shall periodically review the final rules and amend rules if amendments are needed to achieve consistency with regulations promulgated pursuant to the Americans with disabilities act.

D. Nothing in this article is intended to limit the power of any political subdivision of this state to adopt rules or codes that exceed the requirements of this article.

E. The attorney general, on behalf of this state, shall apply for certification with the appropriate federal agency for the purpose of establishing that this section and its implementing rules meet the minimum requirements of the Americans with disabilities act.