[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR110.39]

[Page 417]
 
                           TITLE 34--EDUCATION
 
       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
 
PART 110--NONDISCRIMINATION ON THE BASIS OF AGE IN PROGRAMS OR ACTIVITIES 
RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
   Subpart D--Investigation, Conciliation, and Enforcement Procedures
 
Sec. 110.39  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) One hundred eighty days have elapsed since the complainant filed 
the complaint with ED, and ED has made no finding with regard to the 
complaint; or
    (2) ED issues any finding in favor of the recipient.
    (b) If ED fails to make a finding within 180 days or issues a 
finding in favor of the recipient, ED promptly--
    (1) Advises the complainant of this fact;
    (2) Advises the complainant of his or her right to bring a civil 
action for injunctive relief; and
    (3) Informs the complainant--
    (i) That a civil action can be brought 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 these costs must be demanded in the complaint filed with 
the court;
    (iii) That before commencing the action, the complainant shall give 
30 days notice by registered mail to the Secretary, the Secretary of 
Health and Human Services, the Attorney General of the United States, 
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 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.

(Authority: 42 U.S.C. 6104)

[[Page 419]]