[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR103.410]

[Page 676]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 103_FAIR HOUSING_COMPLAINT PROCESSING--Table of Contents
 
                      Subpart F_Issuance of Charge
 
Sec. 103.410  Election of civil action or provision of administrative 
proceeding.

    (a) If a charge is issued under Sec. 103.405, a complainant 
(including the Assistant Secretary, if HUD filed the complaint), a 
respondent, or an aggrieved person on whose behalf the complaint is 
filed may elect, in lieu of an administrative proceeding under 24 CFR 
part 180, to have the claims asserted in the charge decided in a civil 
action under section 812(o) of the Fair Housing Act.
    (b) The election must be made not later than 20 says after the 
receipt of service of the charge, or in the case of the Assistant 
Secretary, not later than 20 days after service. The notice of the 
election must be filed with the Chief Docket Clerk in the Office of 
Administrative Law Judges and served on the General Counsel, the 
Assistant Secretary, the respondent, and the aggrieved persons on whose 
behalf the complaint was filed. The notification will be filed and 
served in accordance with the procedures established under 24 CFR part 
180.
    (c) If an election is not made under this section, the General 
Counsel will maintain an administrative proceeding based on the charge 
in accordance with the procedures under 24 CFR part 180.
    (d) If an election is made under this section, the General Counsel 
shall immediately notify and authorize the Attorney General to commence 
and maintain a civil action seeking relief under section 812(o) of the 
Fair Housing Act on behalf of the aggrieved person in an appropriate 
United States District Court. Such notification and authorization shall 
include transmission of the file in the case, including a copy of the 
final investigative report and the charge, to the Attorney General.
    (e) The General Counsel shall be available for consultation 
concerning any legal issues raised by the Attorney General as to how 
best to proceed in the event that a new court decision or newly 
discovered evidence is regarded as relevant to the reasonable cause 
determination.

[54 FR 3292, Jan. 23, 1989, as amended at 61 FR 52218, Oct. 4, 1996]