[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.724]



[Page 67-68]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

      Subpart 101-8.7_Discrimination Prohibited on the Basis of Age

 

Sec. 101-8.724  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 calendar days elapse after the complainant files the 

complaint and GSA makes no finding with regard to the complaint; or

    (2) GSA Issues a finding in favor of the recipient.

    (b) If GSA fails to make a finding within 180 days or issues a 

finding in favor of the recipient, GSA must:

    (1) Promptly advise the complainant of this fact;

    (2) Advise the complainant of his or her right to bring civil action 

for injunctive relief; and

    (3) Inform the complainant:

    (i) That the complainant may bring civil action only in a United 

States district court for the district in which the recipient is located 

or transacts business;

    (ii) That a complainant prevailing in a civil action has the right 

to be



[[Page 68]]



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 must give 30 

calendar days notice by registered mail to the Secretary, HHS, The 

Administrator, 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.