General Information
(a) A public accommodation shall modify policies, practices, or procedures to permit the use of a service or alert animal by an individual with a disability.
(b) An individual with a disability shall be permitted to be accompanied by a service or alert animal in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.
(c) A public accommodation may not ask about the nature or extent of a person's disability.
(d) A public accommodation may ask, when it is not readily apparent that an animal is trained to do work or perform tasks for an individual with a disability, (1) if the animal is required because of a disability and (2) what work or task the animal performs.
(e) A person with a disability may not be required to produce documentation that an animal has been certified, trained, or licensed as a service animal. A public accommodation may require an individual with a disability accompanied by an alert animal to produce written verification of a licensed health care provider, who has conducted an in-person physical examination of the individual, of the animal's ability to alert to the present impairment of a vital function which is a condition of the individual's disability.
(f) A service or alert animal must behave appropriately in public, must be under the control of its handler and must be harnessed, leashed, or other tethered, unless these devices would interfere with the service or alert animal's work or the individual's disability prevents using these devices. If the devices interfere, then the handler must maintain control of the animal through voice, signal, or other effective means. A public accommodation is not responsible for the care or supervision of a service or alert animal.
(g) A service or alert animal may be excluded or removed from the premises if
(1) the animal is out of control and the animal's handler does not take effective action to control the animal,
(2) the animal is not housebroken,
(3) the animal's behavior poses a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services, or
(4) admitting the animal would fundamentally alter the nature of the goods, services, programs, or activities provided to the public.
(h) If a service or alert animal is excluded or removed, the removing entity must provide the individual with a disability the opportunity to access goods, services, and accommodations without the service animal.
(i) Where the accommodation of an individual with a disability who relies on a service or alert animal may trigger symptoms of another person with a disability whom the public accommodation has a duty to accommodate, a reasonable effort must be made to accommodate both individuals to the extent possible.
(j) A public accommodation may not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service or alert animal.
(k) A service animal handler shall not be required to obtain any certification or registration from any organization purporting to certify service animals, nor shall the animal be required to carry a tag, vest, or other documentation identifying the animal as a service animal. However, service animal handlers are not exempt from local animal control or public health requirements.
(l) Requirements applicable to service animals in this regulation shall also be applicable to miniature horses. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public accommodation shall consider:
(1) the type, size, and weight of the miniature horse and whether the facility can accommodate these features;
(2) whether the handler has sufficient control of the miniature horse;
(3) whether the miniature horse is housebroken; and
(4) whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
(m) An animal in training to work or perform tasks for an individual with a disability shall enjoy the same protections as a fully trained service animal when accompanied by either an individual with a disability or a trainer and is actively training. The requirements applicable to service animals and their handlers under this section and other federal or state laws are also applicable to service animals in training and their handlers
The requirements applicable to service animals in public accommodations in this section apply to the state and its political subdivisions, and, except as provided in 3 AAC 30.990(b), to owners, lessors, managers, or other persons having the right to sell, lease, or rent real property.
(o) This subsection does not limit the rights or remedies of a qualified employee with a disability who may seek to use an animal to assist him or her in the performance of the essential functions of a job. Employers shall treat a request from a qualified employee as a request for a reasonable accommodation and engage in an interactive process to determine whether or not the accommodation is reasonable.
(p) This subsection does not limit the rights or remedies of a housing accommodation or an individual with a disability that are granted by federal fair housing laws.
(q) In this section,
(1) "alert animal" means any animal that alerts a person with a disability to the present impairment of a vital function which is a condition of the individual's disability, and whose ability to alert is verified in writing by a licensed health care provider who has conducted a physical examination of the individual in person; 6 AAC 30.600 applies to alert animals, except that a public accommodation may require an individual with a disability accompanied by an alert animal to produce the written verification;
(2) "control group" means an employee who holds a position of sufficient authority or responsibility so that he or she may be considered to be speaking on behalf of the organization with respect to the matter at issue, and in so doing is able to legally bind the organization;
(3) "health care provider" means a Doctor of Medicine. "M.D.", doctor of osteopathic medicine "D.O.", advanced practice registered nurse, "APRN, or physician assistant "P.A.";
(4) "service animal" means a dog or miniature horse that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; the work done or tasks performed must be directly related to the individual's disability and may include, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks;
(5) "vital function" means a function of the body on which life is directly dependent, such as respiration or circulation of blood.
6 AAC 30.610
4/20/2019, Register 230, April 2019
Authority:AS 18.80.050
AS 18.80.220
AS 18.80.230
AS 18.80.240
AS 18.80.255
(b) An individual with a disability shall be permitted to be accompanied by a service or alert animal in all areas of a place of public accommodation where members of the public, program participants, clients, customers, patrons, or invitees, as relevant, are allowed to go.
(c) A public accommodation may not ask about the nature or extent of a person's disability.
(d) A public accommodation may ask, when it is not readily apparent that an animal is trained to do work or perform tasks for an individual with a disability, (1) if the animal is required because of a disability and (2) what work or task the animal performs.
(e) A person with a disability may not be required to produce documentation that an animal has been certified, trained, or licensed as a service animal. A public accommodation may require an individual with a disability accompanied by an alert animal to produce written verification of a licensed health care provider, who has conducted an in-person physical examination of the individual, of the animal's ability to alert to the present impairment of a vital function which is a condition of the individual's disability.
(f) A service or alert animal must behave appropriately in public, must be under the control of its handler and must be harnessed, leashed, or other tethered, unless these devices would interfere with the service or alert animal's work or the individual's disability prevents using these devices. If the devices interfere, then the handler must maintain control of the animal through voice, signal, or other effective means. A public accommodation is not responsible for the care or supervision of a service or alert animal.
(g) A service or alert animal may be excluded or removed from the premises if
(1) the animal is out of control and the animal's handler does not take effective action to control the animal,
(2) the animal is not housebroken,
(3) the animal's behavior poses a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services, or
(4) admitting the animal would fundamentally alter the nature of the goods, services, programs, or activities provided to the public.
(h) If a service or alert animal is excluded or removed, the removing entity must provide the individual with a disability the opportunity to access goods, services, and accommodations without the service animal.
(i) Where the accommodation of an individual with a disability who relies on a service or alert animal may trigger symptoms of another person with a disability whom the public accommodation has a duty to accommodate, a reasonable effort must be made to accommodate both individuals to the extent possible.
(j) A public accommodation may not ask or require an individual with a disability to pay a surcharge, even if people accompanied by pets are required to pay fees, or to comply with other requirements generally not applicable to people without pets. If a public accommodation normally charges individuals for the damage they cause, an individual with a disability may be charged for damage caused by his or her service or alert animal.
(k) A service animal handler shall not be required to obtain any certification or registration from any organization purporting to certify service animals, nor shall the animal be required to carry a tag, vest, or other documentation identifying the animal as a service animal. However, service animal handlers are not exempt from local animal control or public health requirements.
(l) Requirements applicable to service animals in this regulation shall also be applicable to miniature horses. In determining whether reasonable modifications in policies, practices, or procedures can be made to allow a miniature horse into a specific facility, a public accommodation shall consider:
(1) the type, size, and weight of the miniature horse and whether the facility can accommodate these features;
(2) whether the handler has sufficient control of the miniature horse;
(3) whether the miniature horse is housebroken; and
(4) whether the miniature horse's presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation.
(m) An animal in training to work or perform tasks for an individual with a disability shall enjoy the same protections as a fully trained service animal when accompanied by either an individual with a disability or a trainer and is actively training. The requirements applicable to service animals and their handlers under this section and other federal or state laws are also applicable to service animals in training and their handlers
The requirements applicable to service animals in public accommodations in this section apply to the state and its political subdivisions, and, except as provided in 3 AAC 30.990(b), to owners, lessors, managers, or other persons having the right to sell, lease, or rent real property.(o) This subsection does not limit the rights or remedies of a qualified employee with a disability who may seek to use an animal to assist him or her in the performance of the essential functions of a job. Employers shall treat a request from a qualified employee as a request for a reasonable accommodation and engage in an interactive process to determine whether or not the accommodation is reasonable.
(p) This subsection does not limit the rights or remedies of a housing accommodation or an individual with a disability that are granted by federal fair housing laws.
(q) In this section,
(1) "alert animal" means any animal that alerts a person with a disability to the present impairment of a vital function which is a condition of the individual's disability, and whose ability to alert is verified in writing by a licensed health care provider who has conducted a physical examination of the individual in person; 6 AAC 30.600 applies to alert animals, except that a public accommodation may require an individual with a disability accompanied by an alert animal to produce the written verification;
(2) "control group" means an employee who holds a position of sufficient authority or responsibility so that he or she may be considered to be speaking on behalf of the organization with respect to the matter at issue, and in so doing is able to legally bind the organization;
(3) "health care provider" means a Doctor of Medicine. "M.D.", doctor of osteopathic medicine "D.O.", advanced practice registered nurse, "APRN, or physician assistant "P.A.";
(4) "service animal" means a dog or miniature horse that is trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; the work done or tasks performed must be directly related to the individual's disability and may include, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, alerting an individual to the presence of allergens, providing physical support and assistance with balance and stability to an individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed medications, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks;
(5) "vital function" means a function of the body on which life is directly dependent, such as respiration or circulation of blood.
6 AAC 30.610
4/20/2019, Register 230, April 2019
Authority:AS 18.80.050
AS 18.80.220
AS 18.80.230
AS 18.80.240
AS 18.80.255
