§91.50. Exhaustion of administrative remedies.
45 C.F.R. § 91.50
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 HHS has made no finding with regard to the complaint; or
HHS issues any finding in favor of the recipient.
If HHS fails to make a finding within 180 days or issues a finding in favor of the recipient, HHS shall:
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;
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 the complainant must demand these costs 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, and the recipient;
That 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
That the complainant may not bring an action 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: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq. (45 CFR part 90).
Source
Source: 47 FR 57858, Dec. 28, 1982, unless otherwise noted.