§1309.19. When may a complainant file a civil action?
18 C.F.R. § 1309.19
A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:
180 days have elapsed since the complainant filed the complaint and TVA has made no finding with regard to the complaint; or
TVA issues any finding in favor of the recipient.
If either of the conditions set forth in paragraph (a) of this section is satisfied, TVA shall:
Promptly advise the complainant of this fact; and
Advise the complainant of his or her right, under Section 305(e) of the Act, to bring a civil action for injunctive relief that will effect the purposes of the Act; and
Inform the complainant—
That a civil action can only be brought in a United States district court for the district in which the recipient is found or transacts business;
That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that these costs must be demanded in the complaint;
That before commencing the action the complainant shall give 30 days' notice by registered mail to the Secretary, the Attorney General of the United States, TVA, and the recipient;
That the notice shall state: the alleged violation of the Act; the relief requested; the court in which the action will be brought; and whether or not attorney's fees are demanded in the event the complainant prevails; and
That no action shall be brought if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States.
Notes, amendments, and revision history
Authority
Authority: TVA Act of 1933, 48 Stat. 58 (1933), as amended, 16 U.S.C. 831-831dd (1976), and sec. 304 of the Age Discrimination Act of 1975, 89 Stat 729 (1975), as amended, 42 U.S.C. 6103 (1976).
Source
Source: 46 FR 30811, June 11, 1981, unless otherwise noted.