In a court, who has the responsibility for determining when a request for a particular auxiliary aid or service constitutes an undue financial or administrative burden?
In determining whether financial and administrative burdens are undue, all public-entity resources available for funding and operation of the service, program, or activity should be considered. The burden of proving that the request would result in an undue financial or administrative burden rests with the public entity. The decision that compliance would result in such burdens must be made by the head of the public entity or his or her designee (presumably the chief justice or administrative director of the courts) and must be accompanied by a written statement of the reasons for reaching that conclusion.
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