---
kind: "section"
citation: "28 C.F.R. § 42.736"
title: "28"
number: "42.736"
heading: "Private lawsuits."
url: "https://uscodex.org/cfr/28/42.736"
---

# §42.736. Private lawsuits.

- (a) Upon exhausting administrative remedies under the Act, a complainant may file a civil action to enjoin a violation of the Act. Administrative remedies are exhausted if—
  - (1) 180 days have elapsed since the complainant filed the complaint and the Department has made no finding with regard to the complaint; or
  - (2) The Department issues a finding, pursuant to [§ 42.731(g)(3)](/cfr/28/42.731.md?p=g-3), in favor of the recipient.
- (b) Whenever administrative remedies are exhausted in accord with [paragraph (a)](#a) of this section, the Department shall promptly inform the complainant that
  - (1) The complainant may bring a civil action in a United States district court for the district in which the recipient is located or transacts business;
  - (2) A complainant who prevails in such an action has the right to be awarded reasonable attorney's fees, if the complainant demands such an award in the complaint initiating the lawsuit;
  - (3) Before commencing the action, the complainant must give 30 days' notice by registered mail to the Secretary, the Attorney General, and the recipient;
  - (4) The notice must state the nature of the alleged violation, the relief requested, the court in which the action will be brought, and whether attorney's fees will be demanded; and
  - (5) The complainant may not bring an action if the same alleged violation by the recipient is the subject of a pending action in any court of the United States.

## Notes

### Authority

Authority: 42 U.S.C. 6103(a)(4); 45 CFR part 90.

### Source

Source: Order No. 1843-94, 59 FR 6560, Feb. 11, 1994, unless otherwise noted.