Summary
The ADA regulation that requires public accommodations to provide auxiliary aids, including assistive listening systems, where needed for effective communication.
Key findings
- In the same regulation, section 36.104 defines public accommodations to include private undergraduate and postgraduate schools and other places of education, in category (10). This scope passage was read in the archived DOJ copy of the full Title III regulation.
- Lists "assistive listening devices" and "assistive listening systems" among the auxiliary aids and services for people who are deaf or hard of hearing.
- Requires a public accommodation to furnish appropriate auxiliary aids where necessary for effective communication, including with companions who have disabilities, unless doing so would fundamentally alter the service or cause an undue burden.
- Says the right aid depends on the person's way of communicating and on the nature, length, complexity and context of the communication; the business should consult the person whenever possible, but the final choice is the business's, provided it results in effective communication.
- Requires aids to be provided in accessible formats, in a timely manner, and in a way that protects the privacy and independence of the person with a disability.
- Appendix C to Part 36, in the discussion of section 36.303(b)(3), gives permanent or portable assistive listening systems at a hotel conference centre as equipment that may be required. This is explanatory text, read in the official DOJ reproduction at https://www.ada.gov/law-and-regs/regulations/title-iii-regulations/.
- Section 36.303(a)-(c) gives the general duty, examples of aids and rules for choosing an effective aid. These paragraphs do not select a venue listening technology or set receiver counts or numerical listening-system performance limits. Paragraphs (d)-(g) separately address telecommunications, caption decoders, video remote interpreting, and movie captioning and audio description, including device counts and performance requirements.
Limits
The general effective-communication provisions in section 36.303(a)-(c) apply separately from the construction rules in the 2010 ADA Standards. Those general provisions do not select a venue listening technology or set receiver counts or numerical listening-system performance limits. This does not describe the separate requirements for other communication services in paragraphs (d)-(g). Date is the section's latest amendment shown by eCFR.
Read the original
www.ecfr.gov/current/title-28/section-36.303
Cited in
- Which systems satisfy the ADA and building codes, and does a listener's own phone count?Disputed
- Open or protected: when should a venue broadcast need a code?Open
- Can Auracast serve ticket windows, service counters and reception desks?Open
- What works in hospitals, clinics and pharmacies, where a misheard word can matter most?Partly answered
- What works in hotel meeting rooms and conference centres, and what do the rules ask of them?Partly answered
- What works in university lecture halls and large teaching rooms?Partly answered
Cite this source
US Department of Justice. 28 CFR 36.303: auxiliary aids and services (ADA Title III regulation). eCFR. 18 January 2017. https://www.ecfr.gov/current/title-28/section-36.303 (accessed 14 October 2026).
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