§18.550. Exhaustion of administrative remedies.
38 C.F.R. § 18.550
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 VA has made no finding with regard to the complaint; or
VA issues any finding in favor of the recipient.
If VA fails to make a finding within 180 days or issues a finding in favor of the recipient, VA will:
Promptly advise the complainant of this fact; and
Advise the complainant of his or her right to bring a civil action for injunctive relief; and
Inform the complainant that—
The complainant may bring a civil action only in a United States district court for the district in which the recipient is found or transacts business;
A complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but the complainant must demand these costs in the complaint;
Before commencing the action, the complainant shall give 30 days notice by registered mail to the Secretary, the Attorney General of the United States, and the recipient;
The notice must state: The alleged violation of the Act; the relief requested; the court in which the complainant is bringing the action; and, whether or not attorney's fees are demanded in the event the complainant prevails; and
The complainant may not bring action if the same alleged violations 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: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.; 45 CFR part 90 (1979).
Source
Source: 50 FR 34133, Aug. 23, 1985, unless otherwise noted.