---
kind: "section"
citation: "18 C.F.R. § 1309.19"
title: "18"
number: "1309.19"
heading: "When may a complainant file a civil action?"
url: "https://uscodex.org/cfr/18/1309.19"
---

# §1309.19. When may a complainant file a civil action?

- (a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if:
  - (1) 180 days have elapsed since the complainant filed the complaint and TVA has made no finding with regard to the complaint; or
  - (2) **TVA issues any finding in favor of the recipient.**
- (b) If either of the conditions set forth in [paragraph (a)](#a) of this section is satisfied, TVA shall:
  - (1) Promptly advise the complainant of this fact; and
  - (2) 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
  - (3) **Inform the complainant—**
    - (i) 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;
    - (ii) 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;
    - (iii) 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;
    - (iv) 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
    - (v) 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

### 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.