---
kind: "section"
citation: "45 C.F.R. § 91.50"
title: "45"
number: "91.50"
heading: "Exhaustion of administrative remedies."
url: "https://uscodex.org/cfr/45/91.50"
---

# §91.50. Exhaustion of administrative remedies.

- (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 HHS has made no finding with regard to the complaint; or
  - (2) **HHS issues any finding in favor of the recipient.**
- (b) If HHS fails to make a finding within 180 days or issues a finding in favor of the recipient, HHS shall:
  - (1) Promptly advise the complainant of this fact; and
  - (2) Advise the complainant of his or her right to bring a civil action for injunctive relief; and
  - (3) **Inform the complainant—**
    - (i) 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;
    - (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 the complainant must demand these costs 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, and the recipient;
    - (iv) 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
    - (v) 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

### 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.