Section 101-8.706-1 - Normal operation or statutory objective of any program or activityA recipient is permitted to take an action, otherwise prohibited, if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity. An action reasonably takes into account age as a factor if:
(a) Age is used as a measure or approximation of one or more other characteristics; and(b) The other characteristic must be measured or approximated for the normal operation of the program or activity to continue, or to achieve any statutory objective of the program or activity; and(c) The other characteristic can be reasonably measured or approximated by the use of age; and(d) The other characteristic is impractical to measure directly on an individual basis.